Uolilo v Minister for Home Affairs [2020] FCA 1135

Federal Court of Australia

Uolilo v Minister for Home Affairs [2020] FCA 1135 Application for judicial review: Uolilo and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2019] AATA 5411

File number: NSD 42 of 2020

Judgment of: KATZMANN J

Date of judgment: 7 August 2020

Catchwords: MIGRATION — application for judicial review of decision of Administrative Appeals Tribunal affirming decision of Minister's delegate to refuse application for a Partner (Migrant) (Class BC) visa under s 501(1) of Migration Act 1958 (Cth) — where no dispute that applicant failed the character test, whether failure to exercise discretion not to refuse visa application affected by jurisdictional error — whether leave should be granted to amend application to claim that Minister erred by failing "to exercise jurisdiction regarding the extradition of the applicant to Samoa within a reasonable time and the arbitrary and indefinite detention of the applicant, contrary to law" — whether Tribunal erred by finding that Australia's non-refoulement obligations were unnecessary — whether Tribunal limited consideration of risk of harm in country of nationality to "the concept of non-refoulement and the international obligations framework"

Legislation: Extradition Act 1988 (Cth) ss 12, 15B, 16, 22 Extradition (Samoa) Regulations 2010 (Cth) reg 4 Migration Act 1958 (Cth) ss 48A, 189, 196, 197C, 198, 499, 501 Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth) Sch 5, Pt 1, Div 1 Explanatory Memorandum, Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014 (Cth