Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DFTD v Minister for Home Affairs [2020] FCA 859 Appeal from: Application for review of a migration decision by the Administrative Appeals Tribunal made on 7 March 2019
File number: VID 377 of 2019
Judge: SNADEN J
Date of judgment: 23 June 2020
Catchwords: MIGRATION – application for review of a migration decision – mandatory cancellation of a visa pursuant to s 501(3A) of the Migration Act 1958 (Cth) – decision of the second respondent (tribunal) not to revoke the cancellation decision – consideration of non-refoulement obligations – prospect of "prolonged" detention – whether the tribunal wrongly failed to take into account the legal consequences of its decision – whether the tribunal wrongly failed to take into account government policy – application dismissed
Legislation: Migration Act 1958 (Cth) ss 5, 55, 189, 197C, 198, 476A, 496, 499, 500, 501, 501CA and 501E
Cases cited: Ali v Minister for Immigration and Border Protection [2018] FCA 650 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 Ayoub v Minister for Immigration and Border Protection (2015) 231 FCR 513 BCR16 v Minister for Immigration and Border Protection (2017) 248 FCR 456 BMX15 v Minister for Immigration and Border Protection (2016) 244 FCR 153 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 COT15 v Minister for Immigration and Border Protection (No 1) (2015) 236 FCR 148 Cotterill v Minister for Immigration and Border Protection (2016) 240 FCR 29 DLJ18 v Minister for Home Affairs [2019] FCAFC 236 Greene v Assistant Minister for Home Affairs [2018] FCA 919 Minister for Immigration, Local Government and Ethnic Affairs v Gray (1994) 50 FCR 189 Minister for Immigration and Border Protection v BHA17 (2018) 260 FCR 523 Minister for Immigration and Broder Protection v Le (2016) 244 FCR 56 NBMZ v Minister for Immigration and Border Protection (2014) 220 FCR 1 Taulahi v Minister for Immigration and Border Protection (2016) 246 FCR 146
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