SLGS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1055

Federal Court of Australia

SLGS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1055 Appeal from: Application for judicial review: SLGS and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 1515

File number: WAD 167 of 2021

Judgment of: ABRAHAM J

Date of judgment: 8 September 2022

Catchwords: MIGRATION – appeal from decision of the Administrative Appeals Tribunal – where Administrative Appeals Tribunal affirmed delegate's decision to refuse application for protection visa – whether Tribunal erred in its understanding of reference to "the Australian community" in s 36(1C)(b) of the Migration Act – whether s 36A of the Migration Act applied to decision of the Tribunal – application dismissed

Legislation: Acts Interpretation Act 1901 (Cth) s 15AA Administrative Appeals Tribunal Act 1975 (Cth) s 43 Crimes Act 1958 (Vic) s 18 Migration Act 1958 (Cth) ss 5(9)(a), 5H(2), 5M, 36(1C)(b), 36(2), 36(2C)(b)(ii), 36A, 65, 197C, 408, 409(2), 411(1)(c), 500(1)(c), 501(6)(d), 501CA Migration Amendment (Clarifying International Obligations for Removal) Act 2021 (Cth) s 2(1), sch 1 item 4(1) Migration Amendment Regulations 1999 (Cth) reg 5(4)(a) Migration Regulations 1994 (Cth) reg 2.08E(2)

Cases cited: BAL19 v Minister for Home Affairs [2019] FCA 2189; (2019) 168 ALD 276 BHYK and Minister for Immigration and Citizenship [2010] AATA 662 Cabal v Minister for Immigration and Multicultural Affairs (No 4) [2000] FCA 1806 CKL21 v Minister for Home Affairs [2022] FCAFC 70 Commissioner of Taxes (Vic) v Lennon [1921] HCA 44; (1921) 29 CLR 579 Craig Williamson Pty Ltd v Barrowcliff [1915] VLR 450 Daher v Minister for Immigration and Ethnic Affairs (1996) 70 FCR 585 Daher v Minister for Immigration and Ethnic Affairs (1997) 77 FCR 107 DMQ20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 514 DOB18 v Minister for Home Affairs [2019] FCAFC 63; (2019) 269 FCR 636 GWRV v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 602 Hamidy v Minister for Immigration and Border Protection [2019] FCA 221; (2019) 164 ALD 149 Madafferi v Minister for Immigration [2002] FCAFC 220; (2002) 118 FCR 326 McGraw-Hinds (Aust) Pty Ltd v Smith [1979] HCA 19; (1979) 144 CLR 633 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Multicultural Affairs v Lim [2001] FCA 512; (2001) 112 FCR 589 Moana v Minister for Immigration and Border Protection [2015] FCAFC 54; (2015) 230 FCR 367 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; (2021) 95 ALJR 414 Nathanson v Minister for Home Affairs [2022] HCA 26 New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act [2016] HCA 50; (2016) 260 CLR 232 Peniche v Minister for Immigration and Multicultural Affairs [1999] FCA 709; (1999) 59 ALD 485 Powell v Administrative Appeals Tribunal (1998) 89 FCR 1 Registrar of Titles (WA) v Franzon [1975] HCA 41; (1975) 132 CLR 611 Robert Bosch (Australia) Pty Ltd v Secretary, Department of Innovation, Industry, Science and Research [2011] FCA 1133; (2011) 197 FCR 374 SLGS and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 1515 WKCG and Minister for Immigration and Citizenship [2009] AATA 512; (2009) 110 ALD 434