Federal Court of Australia
Federal Court of Australia
Markaj v Minister for Immigration and Border Protection [2020] FCA 1511 Appeal from: Markaj and Minister for Immigration and Border Protection (Migration) [2017] AATA 1516 (20 September 2017)
File number: VID 1134 of 2017
Judgment of: KENNY J
Date of judgment: 20 October 2020
Catchwords: MIGRATION – appeal from the Administrative Appeals Tribunal – whether decision involved constructive failure to exercise jurisdiction – appeal allowed – Tribunal was required to engage with social worker's report to assess the claim the applicant played a "parental role" with respect to minor grandchildren – other grounds dismissed – construction of "parental role" and relevance of risk of "diminished capacity" of those in parental roles under Direction No 65 – whether Tribunal engaged in illogical, irrational or unreasonable reasoning – whether Tribunal applied incorrect test in assessing best interests of minor children – certiorari and mandamus issued
Legislation: Migration Act 1958 (Cth) ss 474, 476A, 499 and 501
Cases cited: Ali v Minister for Home Affairs [2020] FCA 538 Brown v Minister for Immigration and Citizenship [2010] FCAFC 33; 183 FCR 113 DCP16 v Minister for Immigration and Border Protection [2019] FCAFC 91 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 197 ALR 389 DVE18 v Minister for Home Affairs [2020] FCAFC 83 Hong v Minster for Immigration and Border Protection [2019] FCAFC 55; 269 FCR 47 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; 230 FCR 431 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; 212 FCR 99 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 NAIS v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 77; 228 CLR 470 SZSSC v Minister for Immigration and Border Protection [2014] FCA 863; 317 ALR 365 VAAD v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 117
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