Dunn v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 488

Federal Court of Australia

Dunn v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 488 File number: WAD 295 of 2020

Judgment of: COLVIN J

Date of judgment: 11 May 2021

Catchwords: MIGRATION - application for judicial review of decision of Minister - where Minister refused applicant's request for revocation of mandatory cancellation of visa - whether Minister failed to undertake statutory task by failing to engage in active intellectual process with representations advanced by applicant in support of revocation - where representation advanced that it was professional opinion of psychiatrist that deportation would cause grave risk of self-harm - where Minister's reasons attributed concerns of self-harm to statement by applicant - application allowed

Legislation: Migration Act 1958 (Cth) ss 501, 501CA

Cases cited: Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; (2018) 267 FCR 628 Minister for Home Affairs v Omar [2019] FCAFC 188; (2019) 272 FCR 589 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116; (2018) 263 FCR 531

Division: General Division

Registry: Western Australia

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 57

Date of hearing: 30 April 2021

Counsel for the Applicant: Mr G Barns SC

Solicitor for the Applicant: Estrin Saul Lawyers

Counsel for the Respondent: Mr G Johnson

Solicitor for the Respondent: Sparke Helmore Lawyers

ORDERS WAD 295 of 2020

BETWEEN: RALPH ERNEST DUNN Applicant