Federal Court of Australia
Federal Court of Australia
EBD20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 334 File number(s): NSD 1215 of 2020
Judgment of: KERR J
Date of judgment: 12 April 2021
Catchwords: MIGRATION – application for review of decision of Minister to refuse to grant a Protection (Class XA) visa – visa refusal on character grounds – where Minister concluded that the Applicant poses a risk to the Australian community – in an application remitted to the Minister by the Tribunal, failure of the Minister to give proper, genuine and realistic consideration to the determination by the Tribunal that the Applicant was not a danger and/or risk to the Australian community – jurisdictional error – error material – application allowed PRACTICE AND PROCEDURE – inappropriate to determine constructional issues regarding the interpretation of s 43(6) of the Administrative Appeals Tribunal Act 1975 (Cth) in the absence of the parties having made substantive submissions directed to that question
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 43 Migration Act 1958 (Cth) ss 36, 500, 501
Cases cited: Anees v Minister for Immigration and Border Protection (No 2) [2020] FCAFC 67 Association for Employees with a Disability v Commonwealth of Australia [2021] FCAFC 36 BAL19 v Minister for Home Affairs [2019] FCA 2189 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; (2017) 252 FCR 352 DOB18 v Minister for Home Affairs [2019] FCAFC 63 JRJZ and Minister for Home Affairs [2018] AATA 3687 KDSP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 108 Minister for Home Affairs v Omar [2019] FCAFC 188 Minister for Immigration and Border Protection v Makasa [2021] HCA 11 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 WKCG and Minister for Immigration and Citizenship (2009) 110 ALD 434; AATA 512 WGKS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 10
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