Federal Court of Australia
Federal Court of Australia
Hovhannisyan v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 176 Appeal from: Application for review of migration decision: Ashot Hovhannisyan and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 3445
File number(s): NSD 1116 of 2020
Judgment of: JAGOT J
Date of judgment: 1 March 2021
Catchwords: ADMINISTRATIVE LAW – procedural fairness – reasonable opportunity to respond to matters adverse to applicant – error of law – application of clause 10.1 of Direction No. 79 of the Migration Act 1958 (Cth) – consideration of international non-refoulement obligations
Legislation: Migration Act 1958 (Cth)
Cases cited: Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576; [1994] FCA 293 M238 of 2002 v The Honourable Phillip Ruddock, Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 260 Picard v Minister for Immigration and Border Protection [2015] FCA 1430 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex Parte Lam (2003) 214 CLR 1; [2003] HCA 6
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 17
Date of hearing: 1 March 2021
Counsel for the Applicant: The Applicant appeared in person
Solicitor for the First Respondent: Mr M Gao of the Australian Government Solicitor
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