Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 791

FEDERAL COURT OF AUSTRALIA

Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 791 File number(s): VID 576 of 2019

Judge(s): O'CALLAGHAN J

Date of judgment: 9 June 2020

Catchwords: MIGRATION – application for judicial review of departmental officer's decision not to refer to the Minister a request for the Minister to exercise power under s 351 of the Migration 1958 (Cth) – decision made by reference to Minister's guidelines – whether decision legally unreasonable – whether second submission made by applicant to Department constituted repeat request under Minister's guidelines

Legislation: Judiciary Act 1903 (Cth) ss 39B(1), 39B(1A)(b), 39B(1A)(c) Migration Act 1958 (Cth) ss 116, 351, 351(1), 359A, 417, 501J

Cases cited: Alfred v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 457 Griffith University v Tang (2005) 221 CLR 99 Jabbour v Secretary, Department of Home Affairs [2019] FCA 452; 369 ALR 620 Minister for Foreign Affairs v Lee (2014) 227 FCR 279 Minister for Immigration and Border Protection v Gill (2019) 268 FCR 576 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZSSJ (2016) 259 CLR 180 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Plaintiff M64/2015 v Minister for Immigration and Border Protection (2015) 258 CLR 173 Plaintiff S10/2011 v Minister for Immigration and Citizenship (2012) 246 CLR 636 Raikua v Minister for Immigration and Multicultural and Indigenous Affairs (2007) 158 FCR 510 Re McBain; Ex parte Australian Catholic Bishops Conference (2002) 209 CLR 372