Federal Court of Australia
Federal Court of Australia
EIF21 v Minister for Home Affairs [2023] FCA 88 File number(s): QUD 399 of 2021
Judgment of: COLLIER J
Date of judgment: 14 February 2023
Catchwords: MIGRATION – review of decision made by Minister for Home Affairs – applicant earlier granted general humanitarian visa – where delegate cancelled visa for failing the character test - s 501CA(4) Migration Act 1958 (Cth) – applicant made representations to Minister to revoke visa cancellation – no "other reason" for revocation identified by Minister – whether Minister took into account possibility of harm and non-refoulement obligations in decision
Legislation: Migration Act 1958 (Cth)
Cases cited: Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Plaintiff M1/ 2021 v Minister for Home Affairs [2022] HCA 17 Snedden v Minister for Justice for the Commonwealth [2014] FCAFC 156
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 33
Date of hearing: 22 July 2022
Counsel for the Applicant: Mr E Vuu and Dr J Donnelly
Solicitor for the Applicant: Crossover Law Group
Counsel for the Respondent: Mr B McGlade
Solicitor for the Respondent: Sparke Helmore
ORDERS QUD 399 of 2021
BETWEEN: EIF21 Applicant
AND: MINISTER FOR HOME AFFAIRS Respondent
order made by: COLLIER J DATE OF ORDER: 14 February 2023
THE COURT ORDERS THAT:
1. The application be dismissed with costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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