Ali v Minister for Home Affairs [2019] FCA 1900

FEDERAL COURT OF AUSTRALIA

Ali v Minister for Home Affairs [2019] FCA 1900 File number: VID 318 of 2018

Judge: STEWARD J

Date of judgment: 18 November 2019

Catchwords: MIGRATION – application for judicial review of a decision of the Assistant Minister for Home Affairs not to revoke a visa cancellation – where visa was mandatorily cancelled as the applicant did not pass the character test by reason of his substantial criminal record – whether the Assistant Minister misunderstood the Migration Act 1958 (Cth) or its operation in concluding or assuming that certain claims would "necessarily" be considered in any future protection visa application – whether the Assistant Minister misunderstood the Act or its operation in concluding or assuming that the applicant's claims would be considered in the same manner in any future protection visa application – whether the Assistant Minister misunderstood the Act or its operation in concluding or assuming that Australia's non-refoulement obligations with respect to the applicant would be considered in any future protection visa application

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) Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 150 (entered into force 22 April 1954) as amended by the Protocol Relating to the Status of Refugees, signed 31 January 1967, 606 UNTS 267 (entered into force for Australia 13 December 1973) International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976)