Federal Court of Australia
Federal Court of Australia
WCJS v Minister for Home Affairs [2021] FCA 1093 File number: NSD 111 of 2021
Judgment of: STEWART J
Date of judgment: 10 September 2021
Catchwords: MIGRATION – where the Minister personally exercised powers under s 501A(2) of the Migration Act 1958 (Cth) to set aside a decision of the Administrative Appeals Tribunal – where the Minister overlooked evidence and made multiple errors in respect of the visa applicant's treatment of mental health issues – where the Minister overlooked evidence in forming a suspicion that the applicant was insincere in his mental health treatment – whether multiple factual errors in Minister's decision amounted to legal unreasonableness – whether errors were material to outcome – decision quashed
Legislation: Mental Health (Forensic Provisions) Act 1990 (NSW) Migration Act 1958 (Cth) ss 476A, 501, 501A
Cases cited: ABT17 v Minister for Immigration and Border Protection [2020] HCA 34; 383 ALR 407 Anees v Minister for Immigration & Border Protection (No 2) [2020] FCAFC 28 Australian Broadcasting Tribunal v Bond [1990] HCA 33; 170 CLR 321 Dalla v Minister for Immigration and Border Protection [2016] FCA 998; 70 AAR 141 DOY17 v Minister for Immigration and Border Protection [2019] FCA 1592 Duncan v Independent Commission Against Corruption [2016] NSWCA 143 Gbojueh v Minister for Immigration and Citizenship [2012] FCA 288; 202 FCR 417 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 Lu v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 340; 141 FCR 346 Minister for Border Protection v Makasa [2021] HCA 1; 386 ALR 200 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 390 ALR 590 SFGB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 231; 77 ALD 402 SYLN v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1986
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate