DEY16 v Minister for Immigration and Border Protection [2016] FCA 1261

FEDERAL COURT OF AUSTRALIA

DEY16 v Minister for Immigration and Border Protection [2016] FCA 1261 File number: VID 448 of 2015

Judge: KENNY J

Date of judgment: 25 October 2016

Catchwords: MIGRATION – Application for review of decision to refuse applicant's visa application pursuant to s 501(1) of the Migration Act 1958 (Cth) – whether exercise of power was affected by jurisdictional error – whether decision-maker considered legal consequences of decision – held: decision-maker failed to consider a legal consequence of the decision was the indefinite detention of the applicant – jurisdictional error shown

Legislation: Acts Interpretation Act 1901 (Cth) Evidence Act 1995 (Cth) Federal Court Rules 2011 (Cth) Migration Act 1958 (Cth) Migration Amendment Act 2014 (Cth) Migration Regulations 1994 (Cth) 1951 Convention Relating to the Status of Refugees as amended by the 1967 Protocol Relating to the Status of Refugees 1966 International Covenant on Civil and Political Rights 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Cases cited: Avon Downs Pty Ltd v Commissioner of Taxation (Cth) [1949] HCA 26; 78 CLR 353 Ayoub v Minister for Immigration and Border Protection [2015] FCAFC 83; 231 FCR 513 Brown v Minister for Immigration and Border Protection [2015] FCAFC 141; 235 FCR 88 BZAFI v Minister for Immigration and Border Protection [2015] FCA 771 Cotterill v Minster for Immigration and Border Protection [2015] FCA 802 Djalic v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 151; 139 FCR 292 Jaffarie v Director General of Security [2014] FCAFC 102; 226 FCR 505 Le v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 51 Minister for Immigration and Border Protection v CZBP [2014] FCAFC 105 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; 230 FCR 431 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; 231 FCR 437 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Citizenship v SZQRB [2013] FCAFC 33; 210 FCR 505 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; 212 FCR 99 Minister for Immigration and Multicultural Affairs and Indigenous Affairs v Huynh [2004] FCAFC 256; 139 FCR 505 Minister for Immigration and Multicultural and Indigenous Affairs v Godley [2005] FCAFC 10; 141 FCR 552 Moana v Minister for Immigration and Border Protection [2015] FCAFC 54; 230 FCR 367 Mrayhej v Minister for Immigration and Border Protection (No 2) [2015] FCA 691 NBMZ v Minister for Immigration and Border Protection [2014] FCAFC 38; 220 FCR 1 Plaintiff M70/2011 v Minister for Immigration and Citizenship [2011] HCA 32; 244 CLR 144 Roesner v Minister for Immigration and Border Protection [2015] FCAFC 132 Soliman v University of Technology, Sydney [2012] FCAFC 146; 207 FCR 277 SZGIZ v Minister for Immigration and Citizenship [2013] FCAFC 71; 212 FCR 235 SZRTN v Minister for Immigration and Border Protection [2014] FCA 303 SZSLM v Minister for Immigration and Border Protection [2015] FCAFC 164 SZTAL v Minister for Immigration and Border Protection [2016] FCAFC 69 SZVCH v Minister for Immigration & Anor [2016] FCAFC 217 Tanielu v Minister for Immigration and Border Protection [2014] FCA 673; 225 FCR 424 Te Puke v Minister for Immigration and Border Protection [2015] FCA 398; 230 FCR 499