Federal Court of Australia
Federal Court of Australia
CEU22 v Minister for Home Affairs [2024] FCAFC 11 Appeal from: CEU22 v Minister for Home Affairs (No 2) [2023] FCA 867
File number(s): VID 691 of 2023
Judgment of: WIGNEY, THAWLEY AND WHEELAHAN JJ
Date of judgment: 16 February 2024
Catchwords: MIGRATION – Minister considered non-refoulement in assessing national interest under s 501(3) – whether Minister was required correctly to interpret Australia's unenacted non-refoulement obligations in making the decision – if unenacted non-refoulement obligations misunderstood, there was no jurisdictional error MIGRATION – whether Minister failed meaningfully to consider materials or merits of the case – whether apprehension of bias on the part of the Minister – Minister considered whole brief – no jurisdictional error CONSTITUTIONAL LAW – ss 64 and 65 of the Constitution – responsible government – whether more than one person may be appointed as Minister to administer a Department – appointment of more than one person to administer Department of State does not offend Constitution PRACTICE AND PROCEDURE – notice of contention filed late – extension of time granted
Legislation: Constitution ss 64, 65 Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 36(2B)(c), 501(3), 501(5) Federal Court Rules 2011 (Cth) rr 1.34, 1.39, 2.25, 36.05, 36.23, 36.24
Cases cited: CEU22 v Minister for Home Affairs (No 2) [2023] FCA 867 Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 213; 288 FCR 23 Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 10; 97 ALJR 214 Graham v Minister for Immigration and Border Protection [2017] HCA 33; 263 CLR 1 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 HRZN v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2022] FCAFC 133; (2022) 294 FCR 13 Ibrahim v Minister for Home Affairs [2019] FCAFC 89; 270 FCR 12 McQueen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 3) [2022] FCA 258 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v FAK19 [2021] FCAFC 153; 287 FCR 181 Minister for Immigration, Citizenship and Multicultural Affairs v McQueen [2022] FCAFC 199; 292 FCR 595 MQGT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 215; 282 FCR 285 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 273 CLR 506 Nathanson v Minister for Home Affairs [2022] HCA 26; 96 ALJR 737 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 96 ALJR 497 Re Patterson; Ex parte Taylor [2001] HCA 51; 207 CLR 391 Re Romato; Ex Parte Mitchell James Holdings Pty Ltd [2001] WASCA 286 Zoeller v Attorney-General (Cth) (1987) 76 ALR 267
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