Turay v Assistant Minister for Home Affairs [2018] FCA 1487

FEDERAL COURT OF AUSTRALIA

Turay v Assistant Minister for Home Affairs [2018] FCA 1487 File number(s): NSD 447 of 2018

Judge(s): FARRELL J

Date of judgment: 3 October 2018

Catchwords: MIGRATION – review of the decision of the Assistant Minister for Home Affairs – visa cancelled under s 501(3A) of the Migration Act 1958 (Cth) – decision not to revoke visa cancellation – whether the Assistant Minister was required to consider whether non-refoulement obligations were "another reason" to revoke the cancellation of a visa under s 501CA(4)(b)(ii) of the Migration Act – whether the Assistant Minister mischaracterised the applicant's claim as a claim based on non-refoulement obligations – whether the Assistant Minister failed to consider whether harms which were not subject to non-refoulement obligations were "another reason" to revoke the cancellation of the visa – whether the Assistant Minister failed to consider relevant, material and significant evidence – whether the Assistant Minister's decision was legally unreasonable – application dismissed

Legislation: Migration Act 1958 (Cth) ss 36, 65, 197C, 198, 499, 501, 501CA Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, opened for signature 10 December 1984, 1465 UNTS 85 (entered into force 26 June 1987) Convention on the Rights of Persons with Disabilities, opened for signature 30 March 2007, 2515 UNTS 3 (entered into force 3 May 2009) International Covenant on Civil and Political Rights, opened for signature 19 December 1966, 999 UNTS 171 (entered into force 23 March 1976) Persons With Disabilities Act (Sierra Leone) Cases cited: Ali v Minister for Immigration and Border Protection [2018] FCA 650 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593; [2003] FCAFC 184 BCR16 v Minister for Immigration and Border Protection (2017) 248 FCR 456; [2017] FCAFC 96 Coker v Minister for Immigration and Border Protection [2017] FCA 929 Greene v Assistant Minister for Home Affairs [2018] FCA 919 Le v Minister for Immigration and Border Protection (2015) 237 FCR 516; [2015] FCA 1473 McCutcheon v Minister for Immigration and Border Protection [2018] FCA 828 Minister for Immigration and Border Protection v BHA17 [2018] FCAFC 68 Minister for Immigration and Border Protection v Le (2016) 244 FCR 56; [2016] FCAFC 120 Minister for Immigration and Border Protection v SZSRS (2014) 309 ALR 67; [2014] FCAFC 16 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Ogbonna v Minister for Immigration and Border Protection [2018] FCA 620 YNQY v Minister for Immigration and Border Protection [2017] FCA 1466