HRZN v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 133

Federal Court of Australia HRZN v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 133 Appeal from: HRZN v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1431

File number(s): VID 773 of 2021

Judgment of: YATES, ABRAHAM AND MCELWAINE JJ

Date of judgment: 9 August 2022

Catchwords: MIGRATION – appeal from the decision of the Federal Court of Australia – where the Federal Court dismissed the application for review of the decision of the Administrative Appeals Tribunal – where the Administrative Appeals Tribunal affirmed the delegate's decision not to revoke cancellation of visa – whether representation was clearly articulated or clearly emerged from the materials – whether Administrative Appeals Tribunal's misunderstanding of Australia's unenacted international refoulement obligations amounted to jurisdictional error – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 499, 501, 501CA

Cases cited: AB v Minister for Immigration and Citizenship (2007) 96 ALD 53; [2007] FCA 910 Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473; [2003] HCA 71 Applicant A v Minister for Immigration and Multicultural Affairs (1997) 190 CLR 225; [1997] HCA 4 Applicant S v Minister for Immigration and Multicultural Affairs (2004) 217 CLR 387; [2004] HCA 25 Craig v South Australia (1995) 184 CLR 163; [1995] HCA 58 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123; [2018] HCA 34 HRZN v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1431 Minister for Home Affairs v Omar (2019) 272 FCR 589; [2019] FCAFC 188 Minister for Immigration and Multicultural Affairs v Ibrahim (2000) 204 CLR 1; [2002] HCA 55 MQGT v Minister for Immigration, Citizenship, Migrant services and Multicultural Affairs (2020) 282 FCR 285; [2020] FCAFC 215 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1; [2004] FCAFC 263 Plaintiff M1/2021 v Minister for Home Affairs (2022) 400 ALR 417; [2022] HCA 17 Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd (2018) 264 CLR 1; [2018] HCA 4 R v Connell; Ex parte Hetton Bellbird Collieries Ltd (1944) 69 CLR 407; [1944] HCA 2 Re Minister for Immigration and Multicultural Affairs; ex parte Lam (2003) 214 CLR 1; [2003] HCA 6 Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57; [2001] HCA 22 Snedden v Minister for Justice (2014) 230 FCR 82; [2014] FCAFC 156 Wei v Minister for Immigration and Border Protection (2015) 257 CLR 22; [2015] HCA 51