Federal Court of Australia
Federal Court of Australia
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v EBD20 [2021] FCAFC 179 Appeal from: EBD20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 334
File number: NSD 421 of 2021
Judgment of: PERRAM, THAWLEY AND STEWART JJ
Date of judgment: 13 October 2021
Catchwords: MIGRATION – appeal from application for review of decision of Minister to refuse to grant a Protection (Class XA) visa – Minister not satisfied that the visa applicant passed the character test – Minister exercised discretion under s 501 of the Migration Act 1958 (Cth) to refuse visa – where visa applicant previously subject of cancellation of a Refugee and Humanitarian visa – where Administrative Appeals Tribunal had concluded in review of visa cancellation that there were not reasonable grounds for considering that the visa applicant was a "danger to the Australian community" – whether Administrative Appeals Tribunal conclusion a mandatory relevant consideration in relation to the Minister's exercise of his discretion under s 501 – whether Minister's decision affected by legal unreasonableness and inconsistency – whether Minister did not properly exercise jurisdiction by failing to engage sufficiently with the Administrative Appeals Tribunal's decision
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 43 Migration Act 1958 (Cth) ss 36, 65, 499, 501, 501CA
Cases cited: Collector of Customs v LNC (Wholesale) Pty Ltd (1989) 19 ALD 341; [1989] FCA 703 DOB18 v Minister for Home Affairs (2019) 269 FCR 636; [2019] FCAFC 63 EBD20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 334 KDSP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 279 FCR 1; [2020] FCAFC 108 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40 Minister for Immigration and Border Protection v Makasa (2021) 386 ALR 200; [2021] HCA 1 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 SZOQQ v Minister for Immigration and Citizenship (2012) 200 FCR 174; [2012] FCAFC 40 WKCG v Minister for Immigration and Citizenship [2009] AATA 512
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