EGH19 v Minister for Home Affairs [2020] FCA 692

FEDERAL COURT OF AUSTRALIA

EGH19 v Minister for Home Affairs [2020] FCA 692 File number: NSD 1773 of 2019

Judge: GRIFFITHS J

Date of judgment: 25 May 2020

Catchwords: ADMINISTRATIVE LAW – judicial review of a decision by the Minister under s 501(1) of the Migration Act 1958 (Cth) (Act) to refuse to grant the applicant a protection visa on the basis that the Minister was not satisfied that the applicant passes the "character test" – hearing and determination of a separate question as to whether ground 1 of the further amended originating application should be upheld – whether the Minister failed to carry out the required statutory task by failing to engage in an active intellectual way with the submissions and the evidence provided by the applicant in relation to the risk of harm that he faced if returned to his country of origin – whether the Minister failed to make relevant and specific findings underpinning his conclusion that non-refoulement obligations existed – whether the Minister addressed the applicant's submissions regarding complementary protection at a level of generality, which failed to meet the requirements of a meaningful consideration of those submissions – extension of time granted – separate question answered "Yes" – Minister's decision set aside and the applicant's application for a protection visa remitted for reconsideration according to law

Legislation: Acts Interpretation Act 1901 (Cth), s 25D Migration Act 1958 (Cth), ss 5(1), 5J, 36(2)(aa), 36(2A), 65, 501(1), 501(3A), 501(6), 501(7), 501A(2), 501CA(3), 501CA(3A), 501CA(4) and 501CA(4), 501G Migration Amendment (Complementary Protection) Bill 2011 (Cth)