DYY18 v Minister for Home Affairs [2019] FCA 1901

FEDERAL COURT OF AUSTRALIA

DYY18 v Minister for Home Affairs [2019] FCA 1901 File number: VID 992 of 2018

Judge: STEWARD J

Date of judgment: 18 November 2019

Catchwords: MIGRATION – application for judicial review of a decision of the 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 – where applicant made a representation that he was de facto stateless – whether the Minister failed to consider a legal consequence of non-revocation – where applicant made non-refoulement claims – where the Minister stated that non-refoulement obligations would be considered in the course of processing a protection visa application – whether the Minister failed to consider the applicant's representations as a reason why the original decision should be revoked – whether the Minister failed to understand the law, or to apply the law correctly, in determining the seriousness of the applicant's past offending – whether the Minister's decision was affected by apprehended bias

Legislation: Migration Act 1958 (Cth) ss 36, 189, 477A, 499, 501, 501CA Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth) Explanatory Memorandum, Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014 (Cth) Sentencing Act 1991 (Vic) s 5 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)