Federal Court of Australia
Federal Court of Australia
NGWS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 425 Appeal from: Application for Extension of time: NGWS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Administrative Appeals Tribunal, No.2021/5692, 5 November 2021)
File number: VID 33 of 2022
Judgment of: CHARLESWORTH J
Date of judgment: 8 May 2023
Catchwords: MIGRATION – judicial review of a decision of the Administrative Appeals Tribunal – Tribunal concluding it was likely the applicant would be held in prolonged immigration detention if a decision to cancel his visa was not revoked because his home country would not accept involuntary returnees – whether Tribunal failed to resolve a claim by the applicant to fear harm and suffer impediments if removed to his home country because he would languish at the port of entry without being permitted to enter – asserted claim not arising on the materials before the Tribunal – no jurisdictional error
Legislation: Migration Act 1958 (Cth) ss 5J, 13, 14, 36, 189, 196, 198, 198B, 474, 477A, 499, 500, 501, 501CA
Cases cited: Al-Kateb v Godwin (2004) 219 CLR 562 Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 201 CLR 293 Craig v South Australia (1995) 184 CLR 163 Dranichnikov v Minister for Immigration and Multicultural and Indigenous Affairs [2003] HCA 26; 197 ALR 389 M38/2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 131 FCR 146 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41; 395 ALR 403 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 NATB v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 133 FCR 506 NGWS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Administrative Appeals Tribunal, No.2021/5692, 5 November 2021) Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 400 ALR 417
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