BNGP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 878

Federal Court of Australia

BNGP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 878 File number: NSD 244 of 2022

Judgment of: JAGOT J

Date of judgment: 28 July 2022

Catchwords: MIGRATION — challenge to Minister's decision to cancel visa on character grounds in national interest — where Minister considered prospect of indefinite detention but not consequence of breach of Australia's international obligations — no error as international obligations not mandatory relevant consideration — not unreasonable for Minister to consider that another Minister could exercise non-compellable powers to release applicant — proper consideration of impact of detention on applicant's mental and physical health — application dismissed

Legislation: Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) s 8 Migration Act 1958 (Cth) ss 189, 195A, 196, 197AB, 197C, s 197C(3)–(7), 198, 501(6), 501A(2), 501A(2)(e), 501A(5), 501A(7), 501E(2)(b) Migration Regulations 1994 (Cth) reg 2.12AA

Cases cited: Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CWY20 [2021] FCAFC 195; (2021) 395 ALR 57 AEM20 v Minister for Home Affairs [2020] FCA 623; (2020) 277 FCR 299 BAL19 v Minister for Home Affairs [2019] FCA 2189; (2019) 168 ALD 276 Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs [1992] HCA 64; (1992) 176 CLR 1 Commonwealth of Australia v AJL20 [2021] HCA 21; (2021) 391 ALR 562 CPCF v Minister for Immigration and Border Protection [2015] HCA 1; (2015) 255 CLR 514 ENT19 v Minister for Home Affairs [2021] FCAFC 217 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; (2018) 267 FCR 628 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 264 CLR 541 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41; (2021) 395 ALR 408 NBMZ v Minister for Immigration and Border Protection [2014] FCAFC 38; (2014) 220 FCR 1 Plaintiff M1 v Minister for Home Affairs [2022] HCA 17; (2022) 400 ALR 417 Plaintiff M76/2013 v Minister for Immigration, Multicultural Affairs and Citizenship [2013] HCA 53; (2013) 251 CLR 322 Plaintiff S156/2013 v Minister for Immigration and Border Protection [2014] HCA 22; (2014) 254 CLR 28 Plaintiff S4/2014 v Minister for Immigration and Border Protection [2014] HCA 34; (2014) 253 CLR 219 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6; (2003) 214 CLR 1