FAK19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1124

FEDERAL COURT OF AUSTRALIA

FAK19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1124 Review of: QDWQ v Minister for Home Affairs [2019] AATA 4622

File number: SAD 279 of 2019

Judge: CHARLESWORTH J

Date of judgment: 7 August 2020

Catchwords: MIGRATION – application for judicial review of a migration decision of the Administrative Appeals Tribunal made in the exercise of its powers of review under s 500 of the Migration Act 1958 (Cth) – where applicant's visa cancelled in the mandatory exercise of the power confirmed by s 501(3A) of the Act – where a delegate of the respondent refused to revoke the cancellation decision under s 501CA(4) of the Act – where the Tribunal affirmed the delegate's decision – whether the Tribunal failed to engage with the reasons advanced by the applicant as to why the cancellation decision should be revoked – whether Tribunal failed to consider the applicant's submission that he was a person in respect of whom Australia owed non-refoulement obligations under international law – whether Tribunal erred by giving less weight to Australia's international law obligations because of an erroneous assumption that the existence of the obligations would be more fully explored if and when the applicant applied for a protection visa – whether Tribunal failed to comply with a direction issued under s 499 of the Act – whether the Tribunal failed to give genuine consideration to the applicant's written statement as to his prospects of rehabilitation

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 42, 43 Migration Act 1958 (Cth) ss 5, 14, 35A, 36, 45, 65, 79, 189, 197C, 198, 474, 476A, 499, 500, 501, 501(3A), 501BA, 501CA