VNPC v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 921

Federal Court of Australia

VNPC v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 921 Review of: VNPC and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 4628

File number: WAD 11 of 2022

Judgment of: COLVIN J

Date of judgment: 9 August 2022

Date of publication of reasons: 10 August 2022

Catchwords: MIGRATION - appeal from decision of the Administrative Appeals Tribunal - where Tribunal was required by Direction 90 to weigh Australia's non-refoulment obligations in its decision with certain primary considerations - where Tribunal reasoned that the likely prospect of indefinite detention was also to be weighed in that manner - where Minister accepts that Tribunal's approach was irrational or illogical - where orders proposed by consent setting aside Tribunal's decision and remitting the matter for determination according to law - whether Court satisfied that there was error and relief proposed was within jurisdiction - need for reasons despite consent of the parties to proposed orders - application allowed by consent

Legislation: Migration Act 1958 (Cth) ss 189, 196, 499, 501

Cases cited: FHHM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 19 Fleet v District Court of New South Wales [1999] NSWCA 363 Irwin v Military Rehabilitation & Compensation Commission [2009] FCAFC 33; (2009) 174 FCR 574 Kovalev v Minister for Immigration and Multicultural Affairs [1999] FCA 557; (1999) 100 FCR 323 Mackey v CIC Allianz Australia Insurance Limited [2015] NSWSC 505