Federal Court of Australia
Federal Court of Australia
RJFB v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1284 Review of: RJFB and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 40
File number: QUD 34 of 2021
Judgment of: LOGAN J
Date of judgment: 22 October 2021
Catchwords: MIGRATION – application for judicial review of the decision of the Administrative Appeals Tribunal to affirm the Minister's delegate's decision not to revoke the cancellation of the applicant's visa – whether the Tribunal was bound to conform with the findings made by the District Court of Queensland in sentencing and re-sentencing the applicant – consideration of HZCP v Minister for Immigration and Border Protection (2018) 78 AAR 325 Held: the Tribunal was not bound by the assessment of the District Court MIGRATION – application for judicial review – where the Tribunal determined the applicant was owed non-refoulement obligations by Australia – whether paragraph 14.1 of Ministerial Direction No. 79 is inconsistent with s 197C of the Migration Act 1958 (Cth) – consideration of WKMZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 55 – consideration of Commonwealth v AJL20 (2021) 95 ALJR 567 – held: no inconsistency between the Ministerial Direction and Migration Act – application dismissed
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