Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BHL19 v Minister for Immigration, Citizenship and Multicultural Affairs [2019] FCA 929 File number: NSD 379 of 2019
Judge: THAWLEY J
Date of judgment: 17 June 2019
Catchwords: MIGRATION – judicial review of Minister's decision under s 501(1) of the Migration Act 1958 (Cth) to refuse to grant the applicant a Temporary Protection (subclass 785) visa on character grounds – where Minister not satisfied applicant passed character test by reasons of s 501(6)(d)(v) – whether decision affected by jurisdictional error – whether decision was irrational, illogical or unreasonable – whether Minister illogically or unreasonably found that the reasons for refusing the application outweighed the reasons for not refusing it – where Minister relied on non-disclosable information – whether applicant was denied natural justice by not being informed that the Minister would refer to the "current global context" in considering applicant's behaviour – whether Minister provided insufficient reasons in not explaining the meaning of the phrase "current global context" – whether Minister failed to consider relevant material – application dismissed
Legislation: Migration Act 1958 (Cth) Subdiv AB, ss 4, 5(1), 51A, 54, 55, 57, 189(1), 189(3), 195A, 197AB, 197C, 424A(3), 501(1), 501(2), 501(6)(d)(i), 501(6)(d)(v), 501CA, 501G(1), 501G(4)
Cases cited: BRK15 v Minister for Immigration and Border Protection [2016] FCA 1570 Bushell v Repatriation Commission (1992) 175 CLR 408 Commissioner for ACT Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Degning v Minister for Home Affairs [2019] FCAFC 67 DLF16 v Minister for Immigration and Border Protection [2017] FCA 1072 McGuiness v New South Wales (2009) 73 NSWLR 104 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZMTA (2019) 93 ALJR 252 Minister for Immigration and Border Protection v SZVFW (2018) 357 ALR 408 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Multicultural and Indigenous Affairs v Watson (2005) 145 FCR 542 MZZGE v Minister for Home Affairs [2019] FCAFC 72 Ogawa v Minister for Immigration and Border Protection (2018) 159 ALD 138 Plaintiff M46 of 2013 v Minister for Immigration and Border Protection (2014) 139 ALD 277 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 353 ALR 600 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Palme (2003) 216 CLR 212 Roach v Minister for Immigration and Border Protection [2016] FCA 750 Saeed v Minister for Immigration and Citizenship (2010) 241 CLR 525 Sagar v O'Sullivan (2011) 193 FCR 311 Singh v Minister for Home Affairs [2019] FCAFC 3 SS v Australian Crime Commission (2009) 224 FCR 439 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZVBT v Minister for Immigration and Border Protection [2017] FCA 355 SZVCZ v Minister for Immigration and Border Protection (2017) 252 FCR 540 WAEE v Minister for Immigration and Multicultural Affairs (2003) 236 FCR 593 VHAJ v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 131 FCR 80
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