Federal Court of Australia
Federal Court of Australia
NPBP v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1595 Review of: NPBP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Administrative Appeals Tribunal, No. 2022/2772, 23 June 2022)
File number: WAD 145 of 2022
Judgment of: FEUTRILL J
Date of judgment: 15 December 2023
Date of publication of reasons: 11 January 2024
Catchwords: MIGRATION – cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) – judicial review of Administrative Appeals Tribunal's decision under s 501CA(4) not to revoke cancellation of visa – where Tribunal deferred findings on whether applicant was owed non-refoulement obligations – whether Tribunal was required to consider whether appropriate to assume that claimed harm will occur and, if so, failed to do so under Direction 90
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 43, 43(2B) Migration Act 1958 (Cth) ss 198, 430, 473EA, 496, 499, 499(1), 499(2A), 500(1)(ba), 501, 501(3A), 501(5), 501(6)(a), 501(7)(c), 501CA, 501CA(3), 501CA(4)
Cases cited: Beckett v Tax Practitioners Board [2023] FCAFC 100 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; (2019) 268 CLR 29 FHHM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 19 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 KXXH v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 111; (2022) 292 FCR 15 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; (2011) 241 CLR 594 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 MQGT v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 291 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; (2021) 273 CLR 506 Nathanson v Minister for Home Affairs [2022] HCA 26; (2022) 403 ALR 398 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 400 ALR 417 Secretary, Department of Employment and Workplace Relations v Homewood [2006] FCA 779 Uelese v Minister for Immigration and Border Protection [2015] HCA 15; (2015) 256 CLR 203 Wonson v Comcare [2020] FCAFC 76; (2020) 276 FCR 613
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