CWGF v Minister for Home Affairs [2019] FCA 1802

FEDERAL COURT OF AUSTRALIA

CWGF v Minister for Home Affairs [2019] FCA 1802 Review of: Application for judicial review of a decision of the Administrative Appeals Tribunal dated 19 February 2019 delivered by Senior Member BJ Illingworth

File number: NSD 481 of 2019

Judge: GLEESON J

Date of judgment: 7 November 2019

Catchwords: MIGRATION – application for judicial review of Tribunal decision not to revoke mandatory cancellation of the applicant's visa – whether the Tribunal failed to give proper, genuine and realistic consideration to legal consequences of decision – where Tribunal did not identify circumstances where it would become "reasonably practicable" to remove the applicant – where Tribunal did not consider the likely significant harms consequent upon the applicant's refoulement – Tribunal decision set aside

Legislation: Migration Act 1958 (Cth) ss 48B, 197AA, 197C, 198, 476A, 499, 501(3A), 501CA(4)(b)(ii)

Cases cited: AQM18 v Minister for Immigration and Border Protection [2019] FCAFC 27 BKS18 v Minister for Home Affairs [2018] FCA 173 DGBK v Minister for Home Affairs [2019] FCA 1479 DMH16 v Minister for Immigration and Border Protection [2017] FCA 448 Ezegbe v Minister for Immigration and Border Protection [2019] FCA 216 FRH18 v Minister for Home Affairs [2018] FCA 1769 He v Minister for Immigration and Border Protection [2017] FCAFC 206; (2017) 255 FCR 41 HVLC v Minister for Home Affairs [2019] FCA 616 Minister for Immigration v Singh [2014] FCAFC 1; (2014) 231 FCR 437 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 NKWF v Minister for Home Affairs [2018] FCA 409 Omar v Minister for Home Affairs [2019] FCA 279