ERY19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 569

FEDERAL COURT OF AUSTRALIA

ERY19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 569 File number: NSD 1964 of 2019

Judge: STEWART J

Date of judgment: 4 May 2020

Catchwords: MIGRATION – judicial review of Minister's decision under s 501(1) of the Migration Act 1958 (Cth) to refuse the applicant a protection visa on character grounds – whether Minister properly applied s 501(6)(h) – whether Minister reasonably drew the inference from an Interpol Red Notice that the applicant would be a risk to the Australian community or a segment of that community– whether Minister was obliged to consider country information available to a Departmental officer and whether Minister's acceptance that Australia has non-refoulement obligations in respect of the applicant was sufficient consideration of the consequences of the Minister's decision – whether Minister's decision was legally unreasonable – decision set aside

Legislation: Australian Security Intelligence Organisation Act 1979 (Cth) s 4 Migration Act 1958 (Cth) ss 24, 36(2)(aa), 116(1)(e), 129(1)(e), 134B(b), 140XG(1), 268BK(1), 268CL(2), 370(2), 371(3), 432(2), 433(3), 487C(1), 499, 501(1), 501(3), 501(6), 501CA, 503(3)

Cases cited: Applicant M 117 of 2007 v Minister for Immigration and Citizenship [2008] FCA 1838 Attorney-General (NSW) v Quin [1990] HCA 21; 170 CLR 1 BAL19 v Minister for Home Affairs [2019] FCA 2189 Bochenski v Minister for Immigration and Border Protection [2017] FCAFC 68; 250 FCR 209 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107 DHS17 v Assistant Minister for Immigration and Border Protection [2018] FCAFC 209Dranichnikov v Minister for Immigration and Multicultural and Indigenous Affairs [2003] HCA 26; 197 ALR 389 FUD18 v Minister for Home Affairs [2019] FCA 1858 FYBR v Minister for Home Affairs [2019] FCAFC 185; 374 ALR 601 Minister for Aboriginal Affairs v Peko-Wallsend [1986] HCA 40; 162 CLR 24 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; 231 FCR 437 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 357 ALR 408 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Tickner v Chapman [1995] FCA 987; 57 FCR 451 Oxford English Dictionary Online (Oxford University Press, March 2020)