LGLH v Minister for Immigration Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1529

Federal Court of Australia

LGLH v Minister for Immigration Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1529 Review of: LGLH v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 179

File number: VID 85 of 2021

Judgment of: O'BRYAN J

Date of judgment: 7 December 2021

Catchwords: MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal affirming the decision of the Minister's delegate refusing to revoke the cancellation of the applicant's visa under s 501(3A) of the Migration Act 1958 (Cth) – whether Tribunal erred in its consideration of the expectations of the Australian community – whether Tribunal erred in its consideration of the risk to the Australian community – whether Tribunal erred in its consideration of international non-refoulement obligations – where Tribunal failed to consider clearly articulated claims of the applicant to be owed international non-refoulement obligations – where Tribunal failed to consider whether returning applicant to South Sudan would breach Australia's international non-refoulement obligations – where Tribunal misunderstood statutory task as permitting less weight to be given to international non-refoulement obligations on the basis that they could be "properly considered" in an application for a protection visa – application allowed

Legislation: Migration Act 1958 (Cth) ss 476A, 477A, 499, 500(1)(ba), 501, 501CA Federal Court Rules 2011 (Cth) r 31.22 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, opened for signature 10 December 1984, 1465 UNTS 85 (entered into force 26 June 1987) Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954) as amended by the Protocol Relating to the Status of Refugees, opened for signature 31 January 1967, 606 UNTS 267 (entered into force 4 October 1967) International Covenant on Civil and Political Rights, opened for signature 19 December 1966, 999 UNTS 171 (entered into force 23 March 1976)