Federal Court of Australia
Federal Court of Australia
YQLH v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 293 Review of: YQLH v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] AATA 3275
File number: NSD 946 of 2023
Judgment of: STEWART J
Date of judgment: 27 March 2024
Catchwords: MIGRATION – mandatory cancellation – where the applicant, a stateless Palestinian, seeks judicial review of a decision of the Administrative Appeals Tribunal not to revoke the cancellation of the applicant's visa – whether the Tribunal failed to consider the relevant country report – whether the Tribunal failed to consider the legal consequences of not revoking the cancellation of the applicant's visa being, at that time, the likelihood of indefinite detention, or the insecurity arising from being stateless – whether there was error in considering the possibility of indefinite detention in view of the subsequent decision in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37 – whether a non-refoulement claim was adequately raised before the Tribunal – application dismissed
Legislation: Migration Act 1956 (Cth), ss 476A, 501(3A), 501CA(4) Ministerial Direction No 99 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA, cl 9.1
Cases cited: Al-Kateb v Godwin [2004] HCA 37; 219 CLR 562 Applicant S270/2019 v Minister for Immigration and Border Protection [2020] HCA 32; 383 ALR 194 ARG15 v Minister for Immigration and Border Protection [2016] FCAFC 174; 250 FCR 109 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; 212 FCR 99 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41; 274 CLR 398 Nathanson v Minister for Home Affairs [2022] HCA 26; 403 ALR 398 NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37; 97 ALJR 1005 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 275 CLR 582
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