BJI20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1632

Federal Court of Australia

BJI20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1632 File number(s): VID 548 of 2022

Judgment of: MCEVOY J

Date of judgment: 19 December 2023

Catchwords: MIGRATION - application for judicial review of decision of the Minister – decision of the Minister not to revoke a mandatory cancellation of absorbed person visa pursuant to s 501CA(4) of the Migration Act 1958 (Cth) – whether Minister failed to consider representations made by the applicant that she may or would face violence, discrimination and other harm by reason of her sexuality if she were removed – whether the Minister failed to consider representations concerning the prospect of indefinite detention – no jurisdictional error – application dismissed

Legislation: Acts Interpretation Act 1901 (Cth) s 25D Migration Act 1958 (Cth) ss 36, 189, 197C(3), 198, 476A, 501, 501CA(3)(b), 501CA(4), 501G(1)(e)

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593; [2003] FCAFC 184 Associated Provincial Picture Houses Ltd v Wednesbury Corp [1948] 1 KB 223 Ayoub v Minister for Immigration and Border Protection (2015) 231 FCR 513; [2015] FCAFC 83 AZAFQ v Minister for Immigration and Border Protection (2016) 243 FCR 451; [2016] FCAFC 105 BNGP v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 111 BNGP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 878 CGA15 v Minister for Home Affairs (2019) 268 FCR 362; [2019] FCAFC 46 Chamoun v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 276 FCR 75; [2020] FCAFC 66 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 DFTD v Minister for Home Affairs [2020] FCA 859 DFTD v Minister for Home Affairs (2020) 281 FCR 209; [2020] FCAFC 207 DQM18 v Minister for Home Affairs (2020) 278 FCR 529; [2020] FCAFC 110 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 73 ALD 321 ECE21 v Minister for Home Affairs (2023) 297 FCR 422; [2023] FCAFC 52 ENT19 v Minister for Home Affairs (2021) 289 FCR 100; [2021] FCAFC 217 EXT20 v Minister for Home Affairs (2022) 291 FCR 55; [2022] FCAFC 72 Ezegbe v Minister for Immigration and Border Protection (2019) 164 ALD 139; [2019] FCA 216 Galuak v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 798 Guclukol v Minister for Home Affairs (2020) 169 ALD 279; [2020] FCA 61 Guclukol v Minister for Immigration and Border Protection (2020) 279 FCR 611; [2020] FCAFC 148 GXXS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 468 Hands v Minister for Immigration and Border Protection (2018) 267 FCR 628; [2018] FCAFC 225 Jabari v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 98 JSMJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 718 KXXH v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 292 FCR 15; [2022] FCAFC 111 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Home Affairs v Omar (2019) 272 FCR 589; [2019] FCAFC 188 Minister for Immigration & Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Border Protection v CPA16 (2019) 268 FCR 379; [2019] FCAFC 40 Minister for Immigration and Border Protection v Le (2016) 244 FCR 56; [2016] FCAFC 120 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594; [2011] HCA 1 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611; [2010] HCA 16 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 30 Minister for Immigration and Multicultural and Indigenous Affairs v SZANS (2005) 141 FCR 586; [2005] FCAFC 41 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane (2021) 274 CLR 398; [2021] HCA 41 MNLR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 283 FCR 525; [2021] FCAFC 35 MZAPC v Minister for Immigration and Border Protection (2021) 273 CLR 506; [2021] HCA 17 Nathanson v Minister for Home Affairs (2022) 178 ALD 536; [2022] HCA 26 Nguyen v Minister for Home Affairs (2020) 170 ALD 38; [2020] FCA 127 Plaintiff M1/2021 v Minister for Home Affairs (2022) 178 ALD 304; [2022] HCA 17 RRFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 27 Shi v Minister for Home Affairs [2023] FCAFC 136 TPTN v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 788 WKMZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 285 FCR 463; [2021] FCAFC 55