Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
YNQY v Minister for Home Affairs [2020] FCA 56 Review of: Application for judicial review of the Administrative Appeals Tribunal decision delivered on 20 May 2019 in File Number 2016/3573
File number: VID 697 of 2019
Judge: MOSHINSKY J
Date of judgment: 6 February 2020
Catchwords: MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal – where the applicant's visa was cancelled pursuant to s 501(3A) – where the applicant applied for revocation of the cancellation decision pursuant to s 501CA – whether the Tribunal failed to consider whether the applicant would face certain forms of harm (independently of whether non-refoulement obligations were owed) – whether the Tribunal wrongly considered that, if the applicant applied for a protection visa, "non-refoulement obligations" would be assessed and determined – whether the Tribunal wrongly considered that, if the applicant applied for a protection visa, his refugee and complementary protection claims would necessarily be assessed and determined – whether the Tribunal failed to comply with Direction 79, by failing to determine whether revocation was in the best interests of various children
Legislation: Migration Act 1958 (Cth), ss 36, 501, 501CA
Cases cited: AEG16 v Minister for Immigration and Border Protection [2019] FCA 585 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 AYY17 v Minister for Immigration and Border Protection (2018) 261 FCR 503 BCR16 v Minister for Immigration and Border Protection (2017) 248 FCR 456 DGI19 v Minister for Home Affairs [2019] FCA 1867 Ezegbe v Minister for Immigration and Border Protection [2019] FCA 216 GBV18 v Minister for Home Affairs [2019] FCA 1132 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225 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 Maioha [2018] FCAFC 216 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1
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