Federal Court of Australia
Federal Court of Australia
EGH19 v Minister for Home Affairs (No 2) [2021] FCA 903 File number(s): NSD 261 of 2021
Judgment of: GRIFFITHS J
Date of judgment: 5 August 2021
Catchwords: MIGRATION – judicial review of visa refusal decision under s 501(1) of the Migration Act 1958 (Cth) – whether Minister failed to carry out statutory task – consideration of risk of recidivism – whether Minister failed to engage in active intellectual process with psychologist's report and applicant's submissions – whether Minister's decision legally unreasonable – where Minister's reasons reflected fundamental misunderstanding of reports on risk of recidivism – application upheld – matter remitted for reconsideration according to law
Legislation: Migration Act 1958 (Cth) ss 501(1), 501G
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural Affairs [2003] FCAFC 184; 236 FCR 593 BHL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 94; 277 FCR 420 BUD17 v Minister for Home Affairs [2018] FCAFC 140; 264 FCR 134 EGH19 v Minister for Home Affairs [2020] FCA 692 Minister for Immigration and Border Protection v Sabharwal [2018] FCAFC 160 Minister for Immigration and Border Protection v Singh Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 264 CLR 541 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; 243 CLR 164 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; 212 FCR 99 Muggeridge v Minister for Immigration and Border Protection [2017] FCAFC 200 National Home Doctor Services Pty Ltd v Director of Professional Services Review [2020] FCA 386; 276 FCR 338 Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50; 258 CLR 173 SZSSC v Minister for Immigration and Border Protection [2014] FCA 863 VAAD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 117
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