Federal Court of Australia
Federal Court of Australia
CRRN v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1050 File number: NSD 306 of 2023
Judgment of: STEWART J
Date of judgment: 5 September 2023
Catchwords: MIGRATION – mandatory character cancellation – detention without end – where Afghan (not Afghani) former visa-holder applied for revocation of cancellation – schizophrenia and cognitive impairment – where submissions made, and accepted by the Minister, that detention will be indefinite – where submissions made that detention had no realistic possibility of ending – whether submissions adequately identified, understood and evaluated – whether irrational to temper weight given to indefinite detention consideration because a protection visa could be applied for where Minister accepted that there was no realistic possibility it would be granted – judicial review successful and decision set aside
Legislation: Migration Act 1958 (Cth) ss 48A, 189, 195A, 195A(2), 195A(4), 195A(5), 195A(6-8), 197AB, 197AB(1), 197AB(2), 197C(3)(c), 476A, 501, 501(3A), 501(6), 501(7)(c), 501CA(3)(b), 501CA(4), 501E(2)
Cases cited: Ali v Minister for Immigration and Border Protection [2018] FCA 650 AZAFQ v Minister for Immigration and Border Protection [2016] FCAFC 105; 243 FCR 451 BFMV v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 199 DQM18 v Minister for Home Affairs [2020] FCAFC 110; 278 FCR 529 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 197 ALR 389 ECE21 v Minister for Home Affairs [2023] FCAFC 52 FRH18 v Minister for Home Affairs [2018] FCA 1769; 266 FCR 413 Hands v Minister for Immigration & Border Protection [2018] FCAFC 225; 267 FCR 628 KYMM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1069 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 MNLR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 35 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 273 CLR 506 Nathanson v Minister for Home Affairs [2022] HCA 26; 403 ALR 398 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17 RRFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 27 VNPC v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 921 WKMZ v Minister for Immigration [2021] FCAFC 55; 285 FCR 463
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