CEU22 v Minister for Home Affairs (No 2) [2023] FCA 867

FEDERAL COURT OF AUSTRALIA

CEU22 v Minister for Home Affairs (No 2) [2023] FCA 867 File number: VID 17 of 2022

Judgment of: SNADEN J

Date of judgment: 2 August 2023

Catchwords: MIGRATION – application for judicial review of visa cancellation decision – where decision made on national interest grounds – where applicant subject of adverse security assessment under the Australian Security Intelligence Organisation Act 1979 (Cth) – where applicant failed to meet character test pursuant to s 501(6)(g) of the Migration Act 1958 (Cth) – whether the Minister properly construed Australia's international non-refoulement obligations – whether "generalised risk of harm" sufficient to engage international non-refoulement obligations – whether national interest gives rise to obligation to consider international non-refoulement obligations – whether failure to read and consider relevant materials – whether the Minister impermissibly engaged in a de facto delegation – whether Minister's decision affected by apprehended bias – whether Minister's decision affected by new species of jurisdictional error – application dismissed CONSTITUTIONAL LAW – whether s 64 of the Constitution prohibits concurrent ministerial appointments – whether concurrent appointments offend implicit guarantee of responsible government

Legislation: Constitution s 64 Australian Security Intelligence Organisation Act 1979 (Cth) s 38 Judiciary Act 1903 (Cth) s 78B Migration Act 1958 (Cth) ss 198, 476A, 501 Federal Court Rules 2011 (Cth) r 8.11 International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976) arts 6 and 7