Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BDQ19 v Minister for Home Affairs [2019] FCA 1630 Review of: Application for judicial review of QJTT and Minister for Home Affairs (Migration) [2019] AATA 152
File number: VID 274 of 2019
Judge: KERR J
Date of judgment: 4 October 2019
Catchwords: MIGRATION – non-revocation of visa cancellation affirmed by Administrative Appeals Tribunal – non-refoulement obligations - construction of cll 14.1(2) and 14.1(6) of Direction No. 65 – Visa refusal and cancellation under s 501 and revocation of a mandatory cancellation of a visa under s 501CA in light of potential inconsistency with Migration Act 1958 (Cth) – consideration of PRHR and Minister for Immigration and Border Protection [2017] AATA 2782 – cl 14.1(2) not inconsistent on proper construction – incorrect construction not material MIGRATION – non-revocation of visa cancellation affirmed by Administrative Appeals Tribunal - failure to consider risk of harm to non-citizen if returned by virtue of risk to civilians – jurisdictional error established MIGRATION – non-revocation of visa cancellation affirmed by Administrative Appeals Tribunal - failure to consider recent correspondence relevant to best interests of Applicant's children in Australia - jurisdictional error established MIGRATION – non-revocation of visa cancellation affirmed by Administrative Appeals Tribunal – character test - whether offences serious offences as committed against government representatives or officials due to the position they hold, or in the performance of their duties – any error not material
Legislation: Acts Interpretation Act 1901 (Cth) s 46 Legislation Act 2003 (Cth) ss 8, 13 Migration Act 1958 (Cth) ss 36(2)(aa), 36(2A), 46A, 197C, 198(6), 195A, 417, 476A, 499, 501, 501CA
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