BFYD v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 503

Federal Court of Australia

BFYD v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 503 Appeal from: BFYD v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 2237

File number(s): VID 455 of 2021

Judgment of: BROMWICH J

Date of judgment: 5 May 2022

Catchwords: MIGRATION – application for judicial review of a decision by the Administrative Appeals Tribunal – where the Tribunal affirmed a decision of the Minister's Delegate not to revoke a mandatory cancellation of the applicant's partner visa under s 501CA(4) – whether the Tribunal erred in failing to consider Australia's non-refoulement obligations and evidence relating to possible violent reprisal attacks from former criminal associates if the applicant were to be removed from Australia as part of "other considerations" in Direction 90 – application dismissed

Legislation: Criminal Code (Cth) (in the Schedule to the Criminal Code Act 1995 (Cth)) Migration Act 1958 (Cth) ss 499; 501(3A); 501CA(3)(b); 501CA)4; 501(4)(b)(i); 501(4)(b)(ii); 501(6)(a); 501(7)(c); 500(6L)

Cases cited: Liang and Minister for Immigration and Citizenship [2013] AATA 392 WKMZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 55; 285 FCR 463 XFKR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 167; 280 FCR 535

Division: General Division

Registry: Victoria

National Practice Area: Administrative and Constitutional Law and Human Rights