Federal Court of Australia
Federal Court of Australia
ELH20 v Minister for Home Affairs [2020] FCA 1476 File number: WAD 124 of 2020
Judgment of: BANKS-SMITH J
Date of judgment: 13 October 2020
Catchwords: MIGRATION - application for extension of time - where refugee visa cancelled by Minister on character grounds - applicant seeks judicial review of Minister's decision - where applicant charged with murder - meaning of substantial criminal record in s 501(7) of Migration Act 1958 (Cth) - application of the Criminal Law (Mentally Impaired Accused) Act 1996 (WA) - where Supreme Court of Western Australia found applicant not fit to stand trial as mental impairment meant he could not defend the charge - where indictment quashed and custody order made - where applicant held in secure mental facility - whether a court has found applicant has committed offence - whether any reasonable prospect of success on application for review - extension of time granted
Legislation: Criminal Law (Mentally Impaired Accused) Act 1996 (WA) ss 18, 19 Migration Act 1958 (Cth) s 501
Cases cited: Hunter Valley Developments Pty Ltd v Cohen, Minister for Home Affairs and Environment (1984) 3 FCR 344 Jackamarra v Krakouer [1998] HCA 27; (1998) 195 CLR 516 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; (2015) 242 FCR 585 SZTRY v Minister for Immigration and Border Protection [2015] FCAFC 86 [redacted] [redacted]
Division: General Division
Registry: Western Australia
National Practice Area: Administrative and Constitutional Law and Human Rights
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