Federal Court of Australia
Federal Court of Australia
CPJ16 v Minister for Home Affairs [2020] FCA 1408 File number: NSD 812 of 2020
Judgment of: MORTIMER J
Date of judgment: 2 October 2020
Catchwords: MIGRATION – application for judicial review of a decision of the Minister under s 501A(3) of the Migration Act 1958 (Cth) to set aside a decision of the Administrative Appeals Tribunal and refuse the applicant's protection visa application – where the applicant satisfied the criteria for the grant of a protection visa under s 36(2)(aa) of the Act – whether the power in s 501A(3) was available to be exercised – whether it was unreasonable for the Minister to find that the applicant failed the character test – whether the applicant's detention is unlawful by reason of the International Covenant on Civil and Political Rights
Legislation: Migration Act 1958 (Cth) ss 13, 14, 36, 65, 189, 195A, 196, 197C, 198, 501, 501A, 501B, 501BA, 501C, 501CA, 501F
Cases cited: AJL20 v Commonwealth of Australia [2020] FCA 1305 BAL19 v Minister for Home Affairs [2019] FCA 2189 CPCF v Minister for Immigration and Border Protection [2015] HCA 1; 255 CLR 514 CPJ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 980 CRI026 v Republic of Nauru [2018] HCA 19; 92 ALJR 529 DMH16 v Minister for Immigration and Border Protection [2017] FCA 448; 253 FCR 576 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; 267 FCR 628 Kartinyeri v Commonwealth [1998] HCA 22; 195 CLR 337 KDSP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 108 KYMM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1069 Maloney v The Queen [2013] HCA 28; 252 CLR 168 Minister for Home Affairs v Omar [2019] FCAFC 188; 272 FCR 589 Minister for Immigration and Ethnic Affairs v Teoh [1995] HCA 20; 183 CLR 273 Minister for Immigration and Multicultural and Indigenous Affairs v Godley [2005] FCAFC 10; 141 FCR 552 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CPJ16 [2019] FCA 2033 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CPJ16 [2020] FCAFC 87 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v BFW20 [2020] FCAFC 121 Moana v Minister for Immigration and Border Protection [2015] FCAFC 54; 230 FCR 367 Plaintiff M70/2011 v Minister for Immigration and Citizenship [2011] HCA 32; 244 CLR 144 Polites v Commonwealth [1945] HCA 3; 70 CLR 60 R v Toohey; Ex parte Meneling Station Pty Ltd [1982] HCA 69; 158 CLR 327
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