Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
EKC19 v Minister for Home Affairs [2019] FCA 1823 File number: VID 1164 of 2018
Judge: DAVIES J
Date of judgment: 8 November 2019
Catchwords: MIGRATION – application for judicial review of Minister's decision to cancel applicant's visa under s 501(2) of Migration Act 1958 (Cth) – applicant national of South Sudan – applicant member of ethnic group targeted in civil war – illogicality in Minister's reasons – illogicality not material to reasoning – whether Minister erred in reasoning protection claims would be considered on application for protection visa – effect of Direction 75 – Minister did not give genuine consideration to applicant's representations as to prospects of harm on return to South Sudan – error material – Minister erred in reasoning that non-refoulement obligations would be considered in processing protection visa application – Ibrahim v Minister for Home Affairs [2019] FCAFC 89 applied – error material – application granted
Legislation: Migration Act 1958 (Cth) ss 36, 65, 476A, 501, 501CA Migration Regulations 1994 (Cth) Sch 2 cl 866.226
Cases cited: ARG15 v Minister for Immigration and Border Protection (2016) 250 FCR 109; [2016] FCAFC 174 Ayache v Minister for Home Affairs [2019] FCA 80 BCR16 v Minister for Immigration and Border Protection (2017) 248 FCR 456; [2017] FCAFC 96 CQG15 v Minister for Immigration (2016) 253 FCR 496; [2016] FCAFC 146 DAO16 v Minister for Immigration (2018) 258 FCR 175; [2018] FCAFC 2 DOB18 v Minister for Home Affairs [2019] FCAFC 63 DYS16 v Minister for Immigration (2018) 260 FCR 260; [2018] FCAFC 33 GBV18 v Minister for Home Affairs [2019] FCA 1132 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123; [2018] HCA 34 Ibrahim v Minister for Home Affairs [2019] FCAFC 89 Minister for Home Affairs v Omar [2019] FCAFC 188 Minister for Immigration v Sabharwal [2018] FCAFC 160 Minister for Immigration v Stretton (2016) 237 FCR 1; [2016] FCAFC 11 Minister for Immigration v SZMDS (2010) 240 CLR 611; [2010] HCA 16 Minister for Immigration and Border Protection v SZMTA (2019) 93 ALJR 252; [2019] HCA 3 Omar v Minister for Home Affairs [2019] FCA 279 Sowa v Minister for Home Affairs [2019] FCAFC 111
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