Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
KYMM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1069 Review of: Administrative Appeals Tribunal decision delivered on 28 November 2019 by Senior Member DJ Morris
File number: VID 1403 of 2019
Judge: MORTIMER J
Date of judgment: 28 July 2020
Catchwords: MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of a delegate of the Minister not to revoke the cancellation of the applicant's visa under s 501CA(4) of Migration Act 1958 (Cth) – where the applicant made representations before the Tribunal in relation to Australia's non-refoulement obligations – where the Tribunal noted that the applicant can apply for a protection visa – whether the Tribunal misunderstood the statutory task – whether the Tribunal failed to consider representations made by the applicant – application dismissed
Legislation: Migration Act 1958 (Cth) ss 198, 499, 501, 501CA, 501E
Cases cited: Ali v Minister for Home Affairs [2020] FCAFC 109 BCR16 v Minister for Immigration and Border Protection [2017] FCAFC 96; 248 FCR 456 BHL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 94 Bushell v Repatriation Commission [1992] HCA 47; 175 CLR 408 DGI19 v Minister for Home Affairs [2019] FCA 1867 DOB18 v Minister for Home Affairs [2019] FCAFC 63; 269 FCR 636 DQM18 v Minister for Home Affairs [2020] FCAFC 110 Frugtniet v Australian Securities and Investments Commission [2019] HCA 16; 93 ALJR 629 GBV18 v Minister for Home Affairs [2020] FCAFC 17 Hernandez v Minister for Home Affairs [2020] FCA 415 Hong v Minister for Immigration and Border Protection [2019] FCAFC 55; 269 FCR 47 KDSP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 108 Minister for Home Affairs v Omar [2019] FCAFC 188; 373 ALR 569 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 Omar v Minister for Home Affairs [2019] FCA 279 Sowa v Minister for Home Affairs [2019] FCAFC 111; 369 ALR 389 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152
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