FYBR v Minister for Home Affairs [2019] FCA 500

FEDERAL COURT OF AUSTRALIA

FYBR v Minister for Home Affairs [2019] FCA 500 Review of: Application for Judicial Review: FYBR and Minister for Home Affairs (Migration) [2018] AATA 4281

File number: NSD 2350 of 2018

Judge: PERRY J

Date of judgment: 11 April 2019

Catchwords: MIGRATION – application for review of decision by Administrative Appeals Tribunal to refuse to grant a Safe Haven Visa on character grounds under s 501 – proper construction of cl 11.3 of Direction No. 65: Visa refusal and cancellation under s 501 and revocation of a mandatory cancellation of a visa under s 501CA pursuant to which the Tribunal must have regard to the expectations of the Australian community as a "primary consideration" – whether Tribunal erred in treating cl 11.3 as deeming what community expectations are or whether it is permissible for the Tribunal to reach a view on community expectations by reference to an applicant's circumstances – whether decision in Oluwafemi v Minister for Home Affairs [2018] FCA 1389 is plainly wrong – application dismissed

Legislation: Migration Act 1958 (Cth) s 477A

Cases cited: Afu v Minister for Home Affairs [2018] FCA 1311 Garrett v Federal Commissioner of Taxation [2015] FCA 665; (2015) 233 FCR 226 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 92 ALJR 780 Metera v Administrative Appeals Tribunal [2008] FCA 1627; (2008) 105 ALD 18 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; (2015) 242 FCR 585 MZABP v Minister for Immigration and Border Protection [2016] FCAFC 110; (2016) 152 ALD 478 MZYYO v Minister for Immigration and Citizenship [2013] FCA 49; (2013) 214 FCR 68 Nigam v Minister for Immigration and Border Protection [2017] FCAFC 127; (2017) 254 FCR 295 Oluwafemi v Minister for Home Affairs [2018] FCA 1389 YNQY v Minister for Immigration and Border Protection [2017] FCA 1466