Federal Court of Australia
Federal Court of Australia
Ratu v Minister for Home Affairs [2020] FCA 1779 File number: NSD 953 of 2020
Judgment of: DAVIES J
Date of judgment: 11 December 2020
Catchwords: MIGRATION – application for judicial review of personal decision by Minister under s 501CA(4) of the Migration Act 1958 (Cth) not to revoke mandatory cancellation of applicant's visa – whether Minister gave proper consideration to impediments if removed to country of citizenship – whether procedural fairness required Minister to put applicant on notice of possibility of decision inconsistent with Art 12(4) of the International Covenant on Civil and Political Rights – application dismissed
Legislation: Migration Act 1958 (Cth) ss 198, 501, 501CA International Covenant on Civil and Political Rights, opened for signature on 19 December 1966, 999 UNTS 171 (entered into force 23 March 1976) Art 12(4)
Cases cited: GBV18 v Minister for Home Affairs [2020] FCAFC 17; 274 FCR 202 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216; 267 FCR 643 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Minister of State for Immigration and Ethnic Affairs v Teoh [1995] HCA 20; 183 CLR 273 Pennie v Minister for Home Affairs [2019] FCAFC 129 Uelese v Minister for Immigration and Border Protection [2016] FCA 348; 248 FCR 296
Division: General Division
Registry: New South Wales
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