Federal Court of Australia
Federal Court of Australia
AFX17 v Minister for Home Affairs [2022] FCAFC 150 Appeal from: AFX17 v Minister for Home Affairs [2022] FCA 56
File number: NSD 156 of 2022
Judgment of: SC DERRINGTON, WHEELAHAN AND GOODMAN JJ
Date of judgment: 5 September 2022
Catchwords: MIGRATION — appeal from decision of a judge of the Federal Court to dismiss an application for judicial review of a decision of the Minister under s 501A(2) of the Migration Act 1958 (Cth) to set aside a decision of the Administrative Appeals Tribunal and to refuse to grant the appellant a Safe Haven Enterprise visa on character grounds — where the Minister was satisfied that it was in the national interest to refuse to grant the visa — whether the decision was affected by legal unreasonableness because the Minister did not adequately consider the potential breach of Australia's non-refoulement treaty obligations in reaching a state of satisfaction that the refusal to grant the appellant a visa was in the national interest — whether the Full Court decision in Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CWY20 [2021] FCAFC 195 is affected by Plaintiff M1 2021 v Minister for Home Affairs [2022] HCA 17 — no error by primary judge – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 197C(3)-(8), 198, 501(1), 501(6), 501A(1)–(2), (5), (7) and 501CA(4) Migration Amendment (Clarifying International Obligations for Removal) Act 2021 (Cth)
Cases cited: Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CWY20 [2021] FCAFC 195; 395 ALR 57 AFX17 v Minister for Home Affairs [2022] FCA 56 BHL19 v Minister v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 94; (2020) 277 FCR 420 Commonwealth v Tasmania (The Tasmanian Dam Case) [1983] HCA 21; (1983) 158 CLR 1 ENT19 v Minister for Home Affairs [2021] FCAFC 217 Minister for Immigration v FAK19 [2021] FCAFC 153; 287 FCR 181 Mount Bruce Mining Pty Limited v Wright Prospecting Pty Limited [2015] HCA 37; 256 CLR 104 Plaintiff M1 2021 v Minister for Home Affairs [2022] HCA 17; 400 ALR 417 Plaintiff S156 of 2013 v Minister for Immigration and Border Protection [2014] HCA 22; 254 CLR 28
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