Chol v Minister for Immigration and Border Protection [2016] FCA 1336

FEDERAL COURT OF AUSTRALIA

Chol v Minister for Immigration and Border Protection [2016] FCA 1336 File number: WAD 726 of 2015

Judge: MCKERRACHER J

Date of judgment: 11 November 2016

Catchwords: MIGRATION – application to review unsuccessful judicial review of Minister's decision to cancel refugee visa pursuant to s 501 of the Migration Act 1958 (Cth) – whether Minister considered the applicant's right of entry and settlement in the Republic of South Sudan – whether Minister misdirected himself in failing to consider whether the applicant's relocation was reasonable – whether breach of the rules of natural justice – whether Minister erred in assessing protection obligations against a third country – whether Minister erred in assessment that the applicant represented an unacceptable risk to the community – whether Minister failed to take into account an accurate statement of the applicant's criminal record Held: application for an extension of time refused

Legislation: Migration Act 1958 (Cth) ss 477A, 499, 501(2), 501(3)(A)

Cases cited: Ayoub v Minister for Immigration and Border Protection (2015) 231 FCR 513 AZAFQ v Minister for Immigration and Border Protection [2016] FCAFC 105 Januzi v Secretary of State [2006] 2 AC 426 Lu v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 141 FCR 346 M13/2011 v Minister for Immigration and Citizenship (2011) 85 ALJR 740 Minister for Immigration and Border Protection v SZSCA (2014) 254 CLR 317 Moana v Minister for Immigration and Border Protection (2015) 230 FCR 367 Minister for Immigration and Multicultural and Indigenous Affairs v Huynh (2004) 139 FCR 505 NBMZ v Minister for Immigration and Border Protection (2014) 220 FCR 1 Patto v Minister for Immigration & Multicultural Affairs (2000) 106 FCR 119 SZATV v Minister for Immigration and Citizenship (2007) 233 CLR 18 Tanielu v Minister for Immigration and Border Protection (2014) 225 FCR 424