Vural v Minister for Home Affairs [2020] FCA 667

FEDERAL COURT OF AUSTRALIA

Vural v Minister for Home Affairs [2020] FCA 667 Review of: Vural and Minister for Home Affairs (Migration) [2019] AATA 579

File number(s): VID 430 of 2019

Judge(s): ANDERSON J

Date of judgment: 19 May 2020

Catchwords: MIGRATION – application for judicial review of decision by Administrative Appeals Tribunal under s 501CA(4) of the Migration Act 1958 (Cth) –Tribunal decided not to revoke cancellation of applicant's visa – whether Tribunal misconstrued or misapplied para 14.5(1) of Direction No. 79 in relation to the extent of impediments that the applicant would face if removed to Turkey – whether the Tribunal overlooked country information about employment opportunities and access to medication and drug treatment in Turkey – whether the Tribunal erroneously found the applicant had failed to heed two warnings given to him by the Department of Immigration and Citizenship regarding the potential consequences of further offending Held: application for judicial review dismissed – no jurisdictional error committed by the Tribunal – Tribunal did not misconstrue or misapply para 14.5(1) of Direction No. 79 – Tribunal did not overlook country information – Tribunal statement regarding the applicant's failure to heed the Department's warnings was not erroneous, or alternatively was immaterial to Tribunal's decision

Legislation: Migration Act 1958 (Cth) ss 499(1), 499(2A), 501(3A), 501(6)(a), 501(7)(c), 501CA, 501CA(4)

Cases cited: Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 CHJK v Minister for Home Affairs [2019] FCA 1330 Minister for Home Affairs v Buadromo [2018] FCAFC 151; 267 FCR 230 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Navoto v Minister for Home Affairs [2019] FCAFC 135 Paszkiewicz v Minister for Home Affairs [2019] FCAFC 198 RZMW v Minister for Home Affairs [2019] FCA 1761 Vural and Minister for Home Affairs (Migration) [2019] AATA 579