CTB19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2128

FEDERAL COURT OF AUSTRALIA

CTB19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2128 File number: NSD 2080 of 2018

Judge: STEWART J

Date of judgment: 18 December 2019

Catchwords: MIGRATION – Global Special Humanitarian visa – where applicant's visa cancelled by delegate of the Minister – request for revocation of mandatory visa cancellation under s 501CA(4) of the Migration Act 1958 (Cth) – where applicant claimed harm if he is returned to his country of origin on account of his ethnicity, religious beliefs and family history – whether Tribunal failed to engage in an active intellectual process with the submission – whether Tribunal failed to carry out its statutory task to review – decision set aside

Legislation: Federal Court Rules 2011 (Cth) r 4.12 Migration Act 1958 (Cth) ss 36, 197C, 198, 476A, 500, 501, 501CA, 501E

Cases cited: AFAFQ v Minister for Immigration and Border Protection [2016] FCAFC 105; 243 FCR 451 Ali v Minister for Immigration and Border Protection [2018] FCA 650 AQM18 v Minister for Immigration and Border Protection [2018] FCA 944; 162 ALD 449 BCR16 v Minister for Immigration and Border Protection [2017] FCAFC 96; 248 FCR 456 DMH16 v Minister for Immigration and Border Protection [2017] FCA 448; 253 FCR 576 DOB18 v Minister for Home Affairs [2018] FCA 1523 DOB18 v Minister for Home Affairs [2019] FCAFC 63 FYBR v Minister for Home Affairs [2019] FCAFC 185 Goundar v Minister for Immigration and Border Protection [2016] FCA 1203; 160 ALD 123 Minister of Home Affairs v Omar [2019] FCAFC 188 NKWF v Minister for Immigration and Border Protection [2018] FCA 409 Tickner v Chapman [1995] FCA 1726; 57 FCR 451