Federal Court of Australia
Federal Court of Australia
AFD21 v Minister for Home Affairs [2021] FCAFC 167 Appeal from: AFD21 v Minister for Home Affairs [2021] FCA 4
File number(s): VID 71 of 2021
Judgment of: KENNY, KERR AND WHEELAHAN JJ
Date of judgment: 15 September 2021
Catchwords: MIGRATION – appeal against dismissal of application for revocation of mandatory visa cancellation decision –whether Minister failed to engage with appellant's representation that he would be killed if returned to Burundi – whether claim as to Australia's non-refoulement obligations squarely raised – held: jurisdictional error on both related grounds
Legislation: Migration Act 1958 (Cth)
Cases cited: Ahmed v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 557 AIJ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2205 Aldi Foods Pty Ltd v Moroccanoil Israel Ltd (2018) 261 FCR 301 Ali v Minister for Home Affairs [2020] FCAFC 109; 278 FCR 627 Allesch v Maunz [2000] HCA 40; 203 CLR 172 Applicant S270/2019 v Minister for Immigration and Border Protection [2020] HCA 32; 94 ALJR 897; 383 ALR 194 AYY17 v Minister for Immigration and Border Protection [2018] FCAFC 89; 261 FCR 503 Boensch v Pascoe (2019) 375 ALR 15 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 DGI19 v Minister for Home Affairs [2019] FCA 1867 DOB18 v Minister for Home Affairs [2019] FCAFC 63; 269 FCR 636 DQM18 v Minister for Home Affairs [2020] FFC 110; 278 FCR 529 EKC19 v Minister for Home Affairs [2019] FCA 1823 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; 267 FCR 628 Hernandez v Minister for Home Affairs [2020] FCA 415 Kasupene v Minister for Immigration and Citizenship [2008] FCA 1609; 49 AAR 77 Minister for Home Affairs v Omar [2019] FCAFC 188 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v FAK19 [2021] FCAFC 153 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 Roads and Traffic Authority of NSW v Dederer [2007] HCA 42; 234 CLR 330 Sowa v Minister for Home Affairs [2019] FCAFC 111; 369 ALR 389 Sungravure Pty Ltd v Meani (1964) 110 CLR 24 WKNZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 55
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