Federal Court of Australia
Federal Court of Australia
DCR19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 229 File number: NSD 521 of 2020
Judgment of: BROMWICH, ANASTASSIOU AND ANDERSON JJ
Date of judgment: 17 December 2021
Catchwords: MIGRATION – judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of a delegate of the responsible Minister made under s 501CA(4) of the Migration Act 1958 (Cth) not to revoke the cancellation of a Resolution of Status visa – whether legally unreasonable for Tribunal not to have inquired or adjourned hearing to enable material to be put before it regarding non-refoulement, or to not have considered doing so - whether Tribunal failed to give real and genuine consideration to a claim or relevant evidence regarding non-refoulement– whether the Tribunal erred in its interpretation or application of s 500(6H) of the Act – appeal dismissed
Legislation: Migration Act 1958 (Cth)
Cases cited: Abebe v Commonwealth (1999) 197 CLR 510 Ali v Minister for Home Affairs [2020] FCAFC 109; (2020) 278 FCR 627 Applicant S270/2019 (2020) 94 ALJR 897 CPCF v Minister for Immigration and Border Protection (2015) 255 CLR 514 DCR19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 501 DOM19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 862 DQM18 v Minister for Home Affairs [2020] FCAFC 110; (2012) 278 FCR 529 Goldie v Minister for Immigration and Multicultural Affairs (2001) 111 FCR 378 Holloway v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 945 Minister for Home Affairs v DUA16 [2020] HCA 46 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 78 ALJR 992 Nahi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1169 Pennie v Minister for Home Affairs [2019] FCAFC 129 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZRTN v Minister for Immigration and Border Protection [2014] FCAFC 129 Uelese v Minister for Immigration and Border Protection (2015) 256 CLR 203 ZRTN v Minister for Immigration and Border Protection (2014) 141 ALD 395
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