NRFX v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 187

Federal Court of Australia

NRFX v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 187 Appeal from: NRFX v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 21

File number: QUD 68 of 2023

Judgment of: COLLIER, DERRINGTON AND DOWNES JJ

Date of judgment: 1 December 2023

Catchwords: MIGRATION – power to cancel visa under s 501BA(2) of the Migration Act 1958 (Cth) – whether satisfied cancellation was in the "national interest" – whether decision-maker required to take into account impact of unenacted international treaty obligations – whether decision in Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CWY20 (2021) 288 FCR 565 inconsistent with later High Court decision in Plaintiff M1/2021 v Minister for Home Affairs (2022) 96 ALJR 497

Legislation: Australian Human Rights Commission Act 1986 (Cth) Family Law Act 1975 (Cth) Migration Act 1958 (Cth) Children Act 1989 (UK) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, opened for signature 10 December 1984, 1465 UNTS 85 (entered into force 26 June 1987) Convention on the Rights of the Child, opened for signature 20 November 1989, 1577 UNTS 3 (entered into force 2 September 1990) Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954) International Covenant on Civil and Political Rights, opened for signature 19 December 1966, 999 UNTS 171 (entered into force 23 March 1976) Protocol Relating to the Status of Refugees, 606 UNTS 267 (entered into force 4 October 1967) Vienna Convention on the Law of Treaties, opened for signature on 23 May 1969, 1155 UNTS 331 (entered into force 27 January 1980)