Federal Court of Australia
Federal Court of Australia
AFX17 v Minister for Home Affairs [2022] FCA 56 File number(s): NSD 1274 of 2020
Judgment of: O'CALLAGHAN J
Date of judgment: 4 February 2022
Catchwords: MIGRATION – application for review of decision of the Minister to set aside a decision of the AAT and refuse to grant a visa under s 501A of the Migration Act 1958 (Cth) – where two earlier decisions under s 501A to refuse to grant a visa had been quashed – whether the Minister invalidly re-exercised the power under s 501A – whether the Minister's decision gave rise to a reasonable apprehension of bias – whether Minister's decision was legally unreasonable – whether Minister failed to consider Australia's non-refoulement obligations in considering whether Minister was satisfied that the refusal was in the national interest under s 501A(2)(e) – application dismissed
Legislation: Migration Act 1958 (Cth) ss 501, 501(6), 501(6)(d), 501(6)(d)(i), 501A, 501A(2), 501A(2)(a), 501A(2)(e)
Cases cited: Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CWY20 [2021] FCAFC 195; (2021) 395 ALR 57 AFX17 v Minister for Home Affairs [2020] FCA 807 AFX17 v Minister for Home Affairs (No 2) [2020] FCA 858 AFX17 v Minister for Home Affairs (No 3) [2020] FCA 890 AFX17 v Minister for Home Affairs (No 4) (2020) 279 FCR 170 BAL19 v Minister for Home Affairs [2019] FCA 2189; (2019) 168 ALD 276 CWY20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 282 FCR 62 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 HBDV and Minister for Home Affairs (Migration) [2018] AATA 4409 Jadwan Pty Ltd v Secretary, Department of Health and Aged Care (2003) 145 FCR 1 KDSP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 279 FCR 1 Melbourne Steamship Co Ltd v Moorehead (1912) 15 CLR 333 Minister for Home Affairs v AFX17 [2020] FCA 903 Minister for Immigration and Border Protection v Makasa [2021] HCA 1; (2021) 95 ALJR 117 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs; Ex parte Epeabaka (2001) 206 CLR 128 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 MNLR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 283 FCR 525 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 R v Commonwealth Conciliation and Arbitration Commission; Ex parte The Angliss Group (1969) 122 CLR 546 Sloane v Minister for Immigration, Local Government and Ethnic Affairs (1992) 37 FCR 429 VQAR v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 900
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