DXQ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1184

Federal Court of Australia

DXQ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1184 Appeal from: DXQ16 v Minister for Immigration and Anor [2019] FCCA 3096 DXN16 v Minister for Immigration and Anor [2019] FCCA 3097

File numbers: NSD 2157 of 2019 NSD 2180 of 2019

Judgment of: STEWARD J

Date of judgment: 18 August 2020

Catchwords: MIGRATION – appeals from decisions of Federal Circuit Court – where appellants granted protection visas after arriving in Australia and claiming to be stateless – where appellants have two young children in school, one of whom is an Australian citizen and was born in Australia – where visas subsequently cancelled under s. 109 of the Migration Act 1958 (Cth.) after admission that appellants were in fact Iranian citizens and thus did not comply with s. 101 – where decisions affirmed on review by Administrative Appeals Tribunal – where applications for judicial review dismissed by Federal Circuit Court – whether Tribunal's decisions to affirm visa cancellation decisions infected by jurisdictional error – whether Tribunal failed to take best interests of the children into account as a primary consideration – whether Tribunal made errors of law in relying upon International Treaties Obligations Assessments alleged to have been made unlawfully

Legislation: Migration Act 1958 (Cth.) ss. 101, 107, 108, 109, 422B, 424AA, 424A, 425, 501, 501A Migration Regulations 1994 (Cth.) reg. 2.41 Convention Relating to the Status of Refugees done at Geneva on 28 July 1951 as amended by the Protocol Relating to the Status of Refugees done at New York on 31 January 1967 Art 1A United Nations Convention on the Rights of the Child done at New York on 20 November 1989 Art 3