AZT15 v Minister for Immigration and Border Protection [2017] FCA 191

FEDERAL COURT OF AUSTRALIA

AZT15 v Minister for Immigration and Border Protection [2017] FCA 191 Appeal from: AZT15 v Minister for Immigration & Anor [2016] FCCA 1786

File number(s): VID 853 of 2016

Judge(s): SIOPIS J

Date of judgment: 3 March 2017

Catchwords: MIGRATION – protection visa application – appellant convicted of sexual offences against his ex-de facto partner and step-daughter – cancellation of permanent residency visa under s 501 and s 501A of the Migration Act 1958 (Cth) – appellant feared he would suffer harm if he returned to Malta on the grounds that he was a sex offender – member of a particular social group – country information – whether Refugee Review Tribunal fell into jurisdictional error. PRACTICE AND PROCEDURE – appellant in immigration detention – application for interlocutory injunction precluding the Minister for Immigration and Border Protection from transferring the appellant to the Christmas Island immigration detention centre.

Legislation: Migration Act 1958 (Cth) ss 195A, 256, 501(2), 501A(2)

Cases cited: NAFC v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 126 FCR 99 Australian Broadcasting Corporation v Lenah Game Meats Pty Limited (2001) 208 CLR 199 SZTYO v Minister for Immigration and Border Protection (2015) 231 FCR 376 SBEG v Secretary, Department of Immigration and Citizenship (No 2) (2012) 292 ALR 29 NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184 SZSSJ v Minister for Immigration and Border Protection (No 2) (2015) 234 FCR 1 Minister for Immigration and Border Protection v SZSSJ (2016) 334 ALR 653