Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
FUD18 v Minister for Home Affairs [2020] FCA 48 File number(s): NSD 1705 of 2018
Judge(s): THAWLEY J
Date of judgment: 03 February 2020
Catchwords: MIGRATION – application for –declarations and writs of prohibition and mandamus – whether Minister could not lawfully infer from an Interpol red notice that the applicant would present a risk to the Australian community or a segment of it – whether Minister can have regard to information outside of the Interpol red notice under s 501(6)(h) – application dismissed
Legislation: Migration Act 1958 (Cth) ss 65(1)(a), 65(1)(b) 501(1), 501(6)(d), 501(6)(g) 501(6)(h), 503A Migration Regulations 1994 (Cth), Schedule 2, Public Interest Criterion 4003(a)
Cases cited: George v Rockett (1990) 170 CLR 104 Minister for Immigration and Citizenship v Haneef (2007) 163 FCR 414 Minister for Immigration and Ethnic Affairs v Sciascia (1991) 31 FCR 364 Minister for Immigration and Multicultural Affairs v Godley (2005) 141 FCR 552 Potter v Minehan (1908) 7 CLR 277
Date of hearing: 31 January 2020
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 102
Counsel for the Applicant: Mr T. Brennan, Mr N. Sedaghati
Solicitor for the Applicant: Kinslor Prince Lawyers
Counsel for the Respondent: Mr G. Johnson SC, Mr M. Cleary
Solicitor for the Respondent: Australian Government Solicitors
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