CCF20 v Minister for Home Affairs [2020] FCA 676

FEDERAL COURT OF AUSTRALIA

CCF20 v Minister for Home Affairs [2020] FCA 676 File number: VID 97 of 2020

Judge: KERR J

Date of judgment: 20 May 2020

Catchwords: MIGRATION – visa cancellation on character grounds – application for review of decision by Minister not to revoke visa cancellation pursuant to s 501CA(4) of the Migration Act 1958 (Cth) – whether failure to give meaningful consideration to substantial and clearly articulated representations concerning risk of harm if applicant returned to Somalia – construction of Minister's reasons – where Minister expressly accepted his Department's conclusion reached in an earlier International Treaties Obligation Assessment (ITOA) that Applicant was owed non-refoulement obligations – whether in accepting that conclusion the Minister also implicitly accepted and adopted the findings of fact his Department had made – principle in Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 applied – where ITOA had refrained from making findings with respect to the Applicant's claim that there was a real risk that he would be killed if returned to Somalia because of his father's role in the former government of Somalia – Minister failed to afford that representation meaningful consideration – application upheld

Legislation: Migration Act 1958 (Cth) ss 48A, 501(3A), 501CA(3)(b), 501CA(4),

Cases cited: BAL19 v Minister for Home Affairs [2019] FCA 2189 Collector of Customs v Pozzolanic Enterprises Pty Ltd [1993] FCA 456; 43 FCR 280 Hands v Minister for Immigration [2018] FCAFC 225; 267 FCR 628 Hernandez v Minister for Home Affairs [2020] FCA 415 Minister for Home Affairs v Buadromo [2018] FCAFC 151; 267 FCR 320 Minister for Home Affairs v Omar [2019] FCAFC 188 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259