Afu v Minister for Home Affairs [2018] FCA 1311

FEDERAL COURT OF AUSTRALIA

Afu v Minister for Home Affairs [2018] FCA 1311 File number: NSD 278 of 2018

Judge: BROMWICH J

Date of judgment: 29 August 2018

Catchwords: MIGRATION – application for extension of time granted – application for judicial review of decision of Administrative Appeals Tribunal affirming non-revocation decision of delegate of first respondent – whether Tribunal misapplied or misconstrued s 501CA(4) of Migration Act 1958 (Cth) – whether Tribunal failed to comply with Ministerial Direction No 65 – whether Tribunal failed to give proper, realistic and genuine consideration to representations made by applicant – whether Tribunal made critical findings of fact without logically probative evidence – held: all four grounds of review fail – held: application dismissed with costs

Legislation: Acts Interpretation Act 1901 (Cth) s 25D Migration Act 1958 (Cth) ss 5(1), 499(2A), 501(2), (3A), (6), 501CA(4), 501G(1)(c) International Covenant on Civil and Political Rights. Opened for signature 19 December 1996, 999 UNTS 171. 6 ILM 386 (entered into force 23 March 1976), art 7

Cases cited: BZC17 v Minister for Immigration and Border Protection [2018] FCA 902 Djalic v Minister for Immigration [2004] FCA 151; 139 FCR 292 Goundar v Minister for Immigration and Border Protection [2016] FCA 1203 Islam v Cash [2015] FCA 815; 148 ALD 132 Lafu v Minister for Immigration and Citizenship [2009] FCAFC 140; 112 ALD 1 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; 242 FCR 585 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 Picard v Minister for Immigration and Border Protection [2015] FCA 1430 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; 347 ALR 405 YNQY v Minister for Immigration and Border Protection [2017] FCA 1466