DCR19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 501

FEDERAL COURT OF AUSTRALIA

DCR19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 501 File number(s): NSD 1167 of 2019

Judge(s): FARRELL J

Date of judgment: 17 April 2020

Catchwords: MIGRATION – judicial review of a decision of the Administrative Appeals Tribunal to affirm a decision of a delegate of the responsible Minister made under s 501CA(4) of the Migration Act 1958 (Cth) not to revoke the cancellation of a Resolution of Status (Class CD)(subclass 851) visa – whether legally unreasonable for Tribunal not to have inquired or adjourned hearing to enable material to be put before it regarding non-refoulement, or to not have considered doing so - whether Tribunal failed to consider a claim or relevant evidence regarding non-refoulement – application dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 28, 29, 29AC, 37, 42A, 42B, 42C and 43 Migration Act 1958 (Cth) ss 499, 500, 501 and 501CA

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 Beezley v Repatriation Commission [2015] FCAFC 165; (2015) 150 ALD 11 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; (2019) 93 ALJR 1091 Karan v Minister for Home Affairs [2019] FCAFC 139 Minister for Home Affairs v Buadromo [2018] FCAFC 151; (2018) 267 FCR 320; (2018) 362 ALR 48 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; (2014) 231 FCR 437 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; (2013) 212 FCR 99 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 264 CLR 541 Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50; (2015) 258 CLR 173 Prasad v Minister for Immigration and Ethnic Affairs [1985] FCA 46; (1985) 6 FCR 155 Re Minister for Immigration and Multicultural Affairs; ex parte Applicant S154/2002 [2003] HCA 60; (2003) 201 ALR 437 Suleiman v Minister for Immigration and Border Protection [2018] FCA 594 Uelese v Minister for Immigration and Border Protection [2015] HCA 15; (2015) 256 CLR 203