CZW20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1380

Federal Court of Australia

CZW20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1380 File number: NSD 476 of 2020

Judgment of: GRIFFITHS J

Date of judgment: 24 September 2020

Catchwords: MIGRATION – cancellation of refugee visa under s 501(3) of the Migration Act 1958 (Cth) – subsequent refusal under s 501C(4) – applicant granted an extension of time under s 477A(2) to challenge both those decisions – whether the Minister misunderstood the relevant provisions of the Migration Act and its operation in making the visa cancellation decision – whether the misunderstandings were material so as to give rise to jurisdictional error – amended originating application upheld applying Ali v Minister for Home Affairs [2020] FCAFC 109 and DGP20 v Minister for Home Affairs [2020] FCA 1055 – both Ministerial decisions quashed and applicant's immediate release from immigration detention ordered

Legislation: Migration Act 1958 (Cth) ss 477A(2), 501(2), 501(3) 501C(4)

Cases cited: Ali v Minister for Home Affairs [2020] FCAFC 10 Applicant in WAD531/2016 v Minister for Immigration and Border Protection [2018] FCAFC 213 Applicant S270/2019 v Minister for Immigration and Border Protection [2020] HCA 32 BCR16 v Minister for Immigration and Border Protection [2017] FCAFC 96; 248 FCR 456 DGP20 v Minister for Home Affairs [2020] FCA 1055 FAK19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1124 Graham v Minister for Immigration and Border Protection [2017] HCA 33; 263 CLR 1 Hernandez v Minister for Home Affairs [2020] FCA 415 Ibrahim v Minister for Home Affairs [2019] FCAFC 89; 270 FCR 12 Minister for Immigration and Border Protection v Le [2016] FCAFC 120; 244 FCR 56 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Re Patterson; Ex parte Taylor [2001] HCA 51; 207 CLR 391