Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DLF16 v Minister for Immigration and Border Protection [2017] FCA 1072 File number: VID 1333 of 2016
Judge: MURPHY J
Date of judgment: 11 September 2017
Catchwords: MIGRATION – refusal of a protection visa on character grounds under s 501 of the Migration Act 1958 (Cth) – whether the Minister failed to have regard to information provided by the applicant as required by s 54 of the Act – whether the Minister failed to comply with the obligation under s 57(2)(b) of the Act to ensure, as far as is reasonably practicable, that the applicant understood why certain information was relevant to consideration of the application – finding that the Minister failed to comply with the obligation under s 54 – finding that the Minister failed to comply with the obligation under s 57(2)(b) – order to quash the Minister's decision to refuse the visa.
Legislation: Acts Interpretation Act 1901 (Cth) Migration Act 1958 (Cth)
Cases cited: A v Pelekanakis (1999) 91 FCR 70; [1999] FCA 236 ARG15 v Minister for Immigration and Border Protection [2016] FCAFC 174 Lu v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 340 Minister for Aboriginal affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; (2013) 230 FCR 431 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594; [2011] HCA 1 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 147 FCR 51; [2005] FCAFC 134 Plaintiff s 157/2002 v The Commonwealth (2003) 211 CLR 476 Saeed v Minister for Immigration and Citizenship (2010) 241 CLR 252; [2010] HCA 23 Singh v Minister for Immigration and Multicultural Affairs (2001) 109 FCR 152; [2001] FCA 389 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26 SZEOP v Minister for Immigration and Citizenship [2007] FCA 807 SZMTJ v Minister for Immigration and Citizenship (No 2) (2009) 232 FCR 282; [2009] FCA 486 Tickner v Chapman (1995) 57 FCR 451; [1995] FCA 1726 VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 236 FCR 549; [2004] FCAFC 123 Wang v Minister for Immigration and Citizenship [2007] FCA 488
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