WKMZ v Minister for Home Affairs [2020] FCA 1127

FEDERAL COURT OF AUSTRALIA

WKMZ v Minister for Home Affairs [2020] FCA 1127 Review of: Application for judicial review of WKMZ and Minister for Home Affairs (Migration) [2019] AATA 4381

File number(s): VID 1254 of 2019

Judge(s): O'CALLAGHAN J

Date of judgment: 7 August 2020

Catchwords: MIGRATION – application for review of Administrative Appeals Tribunal's decision – where Tribunal affirmed decision under s 501CA(4) of the Migration Act 1958 (Cth) not to revoke mandatory cancellation of applicant's visa – whether Tribunal erred in finding applicant faced low risk of refoulement – whether Tribunal erred in taking psychiatrist's evidence to mean applicant had a high risk of recidivism

Legislation: Migration Act 1958 (Cth) ss 195A, 197C, 198, 198(2B), 499, 501(3A), 501(6)(a), 501CA, 501CA(4), 501CA(4)(b)

Cases cited: Ali v Minister for Immigration and Border Protection [2018] FCA 650 BCR16 v Minister for Immigration and Border Protection (2017) 248 FCR 456 BDQ19 v Minister for Home Affairs [2019] FCA 1630 DMH16 v Minister for Immigration and Border Protection (2017) 253 FCR 576 Minister for Immigration and Border Protection v Le (2016) 244 FCR 56 Minister for Immigration and Border Protection v SZSSJ (2016) 259 CLR 180 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 NBMZ v Minister for Immigration and Border Protection (2014) 220 FCR 1 TCN Channel Nine Pty Ltd v Australian Broadcasting Authority [2002] FCA 896 XFKR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 323