Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DGI19 v Minister for Home Affairs [2019] FCA 1867 File number: VID 1180 of 2018
Judge: MOSHINSKY J
Date of judgment: 14 November 2019
Catchwords: MIGRATION – mandatory cancellation of applicant's visa under s 501(3A) of the Migration Act 1958 (Cth) – decision by the Minister under s 501CA(4) not to revoke the cancellation decision – where applicant was a national of Sierra Leone whose mother had been granted a Refugee and Humanitarian (Class XB) Woman at Risk (Subclass 204) visa – where the applicant made submissions to the Minister that returning the applicant to Sierra Leone would breach Australia's non-refoulement obligations under international law – where the Minister stated that it was unnecessary to determine whether non-refoulement obligations were owed as the applicant was able to make a valid application for a protection visa – whether the Minister's decision was affected by any of the misunderstandings alleged by the applicant – whether the Minister failed to give genuine consideration to matters raised by the applicant
Legislation: Migration Act 1958 (Cth), ss 5H, 5J, 36, 65, 499, 501, 501BA, 501CA Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth)
Cases cited: Ali v Minister for Immigration and Border Protection [2018] FCA 650 BCR16 v Minister for Immigration and Border Protection (2017) 248 FCR 456 DOB18 v Minister for Home Affairs [2019] FCAFC 63 GBV18 v Minister for Home Affairs [2019] FCA 1132 Goundar v Minister for Immigration and Border Protection (2016) 160 ALD 123 Greene v Assistant Minister for Home Affairs [2018] FCA 919 Hands v Minister for Immigration and Border Protection (2018) 364 ALR 423 Hossain v Minister for Immigration and Border Protection (2018) 359 ALR 1 Ibrahim v Minister for Home Affairs [2019] FCAFC 89 Minister for Home Affairs v Omar [2019] FCAFC 188 Minister for Immigration and Border Protection v BHA17 (2018) 260 FCR 523 Minister for Immigration and Border Protection v SZMTA (2019) 363 ALR 599 Omar v Minister for Home Affairs [2019] FCA 729 Sowa v Minister for Home Affairs [2019] FCAFC 111 SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362 Turay v Assistant Minister for Home Affairs [2018] FCA 1487 Viane v Minister for Immigration and Border Protection (2018) 263 FCR 531 Wei v Minister for Immigration and Border Protection (2015) 257 CLR 22
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