BCDC v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1114

Federal Court of Australia

BCDC v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1114 Review of: BCDC and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 1424 (14 April 2021)

File number: QUD 178 of 2021

Judgment of: RANGIAH J

Date of judgment: 15 September 2021

Catchwords: MIGRATION – Migration Act 1958 (Cth) – judicial review of the Tribunal's decision to affirm the decision of the Minister's delegate not to revoke the cancellation of the applicant's visa under s 501CA(4) – whether the Tribunal failed to give real and genuine consideration to a substantial, clearly articulated claim that the applicant feared harm on the basis of a political opinion imputed to him – whether error material – whether failure to consider a matter required under Ministerial Direction 79 – whether the Tribunal took account of the applicant's mental health – application allowed on first ground

Legislation: Migration Act 1958 (Cth) ss 499(2A), 501(3A) and 501CA(4) Minister for Immigration, Citizenship and Multicultural Affairs (Cth), Direction No. 79: Visa Refusal and Cancellation under s 501 and Revocation of a Mandatory Cancellation of a Visa under s 501CA

Cases cited: Ali v Minister for Home Affairs (2020) 278 FCR 627 GBV18 v Minister for Home Affairs (2020) 274 FCR 202 Hong v Minister for Immigration and Border Protection (2019) 269 FCR 47 MQGT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 215 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; (2021) 390 ALR 590 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1