BFMV v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 573

Federal Court of Australia

BFMV v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 573 Appeal from: Application for judicial review: BFMV and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 5213

File number: NSD 16 of 2021

Judgment of: NICHOLAS J

Date of judgment: 2 June 2021

Catchwords: MIGRATION – application for judicial review of Administrative Appeals Tribunal decision – where Tribunal found that Australia owed non-refoulement obligations to applicant due to risk of harm he faced if returned to Iraq – whether Tribunal failed to give proper consideration to possibility that applicant would be returned to Iraq in breach of non-refoulement obligations – where Tribunal found that protection and interests of Australian community weighed in favour of visa cancellation – where Tribunal held these factors outweighed possible refoulement or indefinite detention – whether decision affected by jurisdictional error – no error shown – application dismissed

Legislation: Migration Act 1958 (Cth) ss 197C, 198, 501, 501CA

Cases cited: Ali v Minister for Home Affairs (2020) 380 ALR 393 Ali v Minister for Immigration and Border Protection [2018] FCA 650 AQM18 v Minister for Immigration and Border Protection (2019) 268 FCR 424 AZAFQ v Minister for Immigration and Border Protection (2016) 243 FCR 451 DFTD v Minister for Home Affairs [2020] FCA 859 DQM18 v Minister for Home Affairs [2020] FCAFC 110 KYMM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1069 Minister for Home Affairs v Omar (2019) 272 FCR 589 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 MNLR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 35