Federal Court of Australia
Federal Court of Australia
Ali v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 559 File number: VID 263 of 2022
Judgment of: BROMBERG J
Date of judgment: 31 May 2023
Catchwords: MIGRATION – judicial review – decision of Minister under s 501CA(4) of the Migration Act 1958 (Cth) – personal decision of Minister – application for extension of time – refusal to revoke decision to cancel visa – what constitutes indefinite detention – likelihood of indefinite detention as a factor to be considered – obligation to consider indefinite detention in the absence of non-refoulement findings – whether Minister obliged to consider representations – taking into account Direction 90 – "expectations of the Australian community" – absence of regard to specific circumstances of applicant for revocation in attributing weight to be given to "community expectations" – application allowed
Legislation: Migration Act 1958 (Cth ) ss 189, 196, 198, 476A, 477, 499 501, 501C, 501CA, 501G
Cases cited: AJL20 v Commonwealth (2020) 279 FCR 549 Ali v Minister for Home Affairs (2020) 278 FCR 627 BHL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 277 FCR 420 ECE21 v Minister for Home Affairs [2023] FCAFC 52 FYBR v Minister for Home Affairs (2019) 272 FCR 454 Kelly v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 396 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 MZAPC v Minister for Immigration and Border Protection (2021) 390 ALR 590 NATB v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 133 FCR 506 NBMZ v Minister for Immigration and Border Protection (2014) 220 FCR 1 Plaintiff M1/2021 v Minister for Home Affairs (2022) 400 ALR 417 Plaintiff M64/2015 v Minister for Immigration and Border Protection (2015) 258 CLR 173 SPFH v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 97 Taulahi v Minister for Immigration and Border Protection (2016) 246 FCR 146 WKMZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 285 FCR 463 WKMZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] HCATrans 195
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