CPJ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 980

FEDERAL COURT OF AUSTRALIA

CPJ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 980 File number: NSD 2073 of 2019

Judge: RARES J

Date of judgment: 9 July 2020

Catchwords: MIRGATION – application for a protection (class XA) visa –– where Minister exercised power under s 501A(2) of Migration Act 1958 (Cth) to set aside decision of Administrative Appeals Tribunal not to refuse visa under s 501 and refused visa – where Minister found substantial grounds for believing that as necessary and foreseeable consequences of applicant being removed to New Zealand she would suffer significant harm within meaning of s 36(2)(aa) and (2A), namely death and or serious injury – where Minister found he reasonably suspected applicant not pass character test under s 501(6)(c), she not satisfied him that she did and he satisfied refusal in national interest – where Minister's reasons did not refer to or explain evaluation of how he determined that real risk of applicant's death or serious injury if refouled outweighed by other considerations – whether Minister engaged in active intellectual process in arriving at decision to refuse to grant protection visa MIGRATION – Where Minister refused to grant protection visa under s 501A(2) national interest criterion –whether in determining national interest Minister had to consider circumstances and consequences for applicant of refoulement in breach of Australia's international non-refoulement obligations owed to her – whether Minister obliged to consider impact on national interest of breach of Australia's international non-refoulement obligations in refusing to grant protection visa under s 501A(2)

Legislation: Acts Interpretation Act 1901(Cth) s 25D Migration Act 1958 (Cth) ss 5, 36, 48B, 54, 55, 65, 195A, 197C, 198, 501, 501A, 501E, 501G