JNMQ v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1375

Federal Court of Australia

JNMQ v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1375 File number: NSD 1081 of 2024

Judgment of: JACKMAN J

Date of judgment: 27 November 2024

Catchwords: MIGRATION – application for judicial review of a decision made personally by the Minister pursuant to s 501A(3) of the Migration Act 1958 (Cth) to set aside a decision of the Administrative Appeals Tribunal and refuse to grant the applicant a Resolution of Status (Class CD) visa – whether the Minister erroneously thought that the effect of s 501A(3) was that he was precluded from affording natural justice to the applicant, not merely that he was not required to do so – whether there was illogicality in the Minister's attribution of significant weight to the protection of the Australian community – where concomitant outcome of the refusal decision was that the applicant would not be taken into detention and would continue to reside in the community – where applicant was released from detention following the High Court's decision in NZYQ – application dismissed

Legislation: Migration Act 1958 (Cth) s 501A

Cases cited: Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CWY20 [2021] FCAFC 195; (2021) 288 FCR 565 AZAFQ v Minister for Immigration and Border Protection [2016] FCAFC 105; (2016) 243 FCR 451 BNGP v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 110; (2023) 298 FCR 609 ENT19 v Minister for Home Affairs [2023] HCA 18; (2023) 410 ALR 1 Minister for Aboriginal Affairs v Peko-Wallsend Limited [1986] HCA 40; (1986) 162 CLR 24 NBMZ v Minister for Immigration and Border Protection [2014] FCAFC 38; (2014) 220 FCR 1 NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37; (2023) 415 ALR 254