CKL21 v Minister for Home Affairs [2021] FCA 1019

Federal Court of Australia

CKL21 v Minister for Home Affairs [2021] FCA 1019 File number: VID 229 of 2020

Judgment of: SNADEN J

Date of judgment: 27 August 2021

Catchwords: MIGRATION – applicant convicted of murder – cancellation of visa on character grounds – application to minister for revocation of cancellation decision – application for review of minister's decision not to revoke cancellation of visa – whether evidential basis for minister's decision – whether minister's decision affected by legal unreasonableness – whether minister had regard to the legal consequences of decision – whether minister failed to consider Australia's non-refoulement obligations – whether minister failed to consider risk of harm to applicant – application dismissed

Legislation: Migration Act 1958 (Cth) ss 189, 195A, 197C, 198, 476A, 477A, 501, 501CA

Cases cited: AFD21 v Minister for Home Affairs [2021] FCA 4 Afu v Minister for Home Affairs [2018] FCA 1311 Ali v Minister for Home Affairs (2020) 380 ALR 393 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 Assistant Minister for Immigration and Border Protection v Splendido (2019) 271 FCR 595 AXT19 v Minister for Home Affairs [2020] FCAFC 32 BMX15 v Minister for Immigration and Border Protection (2016) 244 FCR 153 CAR15 v Minister for Immigration and Border Protection (2019) 272 FCR 131 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 Djalic v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 139 FCR 292 DQM18 v Minister for Home Affairs (2020) 278 FCR 529 FYBR v Minister for Home Affairs and Another (2019) 272 FCR 454 GBV18 v Minister for Home Affairs & Anor (2020) 274 FCR 202 Ibrahim v Minister for Home Affairs (2019) 270 FCR 12 Madafferi v Minister for Immigration and Multicultural Affairs (2002) 118 FCR 326 Minister for Immigration and Border Protection v BHA17 (2018) 260 FCR 523 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CTB19 (2020) 280 FCR 178 Navoto v Minister for Home Affairs [2019] FCAFC 135 Ogbonna v Minister for Immigration and Border Protection (2018) 261 FCR 385 Oluwafemi v Minister for Home Affairs [2018] FCA 1389 SFGB v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 77 ALD 402 Sowa v Minister for Home Affairs (2019) 369 ALR 389 YNQY v Minister for Immigration and Border Protection [2017] FCA 1466