Warda v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1252

COSTS – applicant sought order that the respondent pay the applicant’s costs – respondent sought no order as to costs – where application resolved before a hearing on the merits – whether respondent surrendered or acted unreasonably – case properly characterised as an example of surrender.

Suhian v Minister for Immigration, Migrant Services and Multicultural Affairs [2024] FedCFamC2G 1070

MIGRATION – judicial review – jurisdictional error –illogicality or irrationality – failure to consider relevant consideration – misapplying paragraph 12(c) of Direction 69 – failed to comply with s 360 of the Migration Act 1958 (Cth) – sch 2, cl 500.212 Migration Regulations 1994 (Cth) – genuine temporary entrant criterion – student visa – Direction 69 required personal ties to be considered in reaching a state of satisfaction in assessing the genuine temporary entrant criteria – jurisdictional error established.

Gehlert v Minister for Immigration and Multicultural Affairs [2024] FCAFC 129

COSTS – settlement of judicial review prior to trial – claim for recovery of filing fee and professional costs – appropriate amount of costs to be awarded – discretion to award costs – applicable principles – Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth), rr 22.02, 22.08, 22.09, 29.13, Sch 2.

AOA19 v Minister for Immigration & Multicultural Affairs [2024] FedCFamC2G 965

MIGRATION – application for judicial review of a decision by the Immigration Assessment Authority (“IAA”) – whether the IAA reasoned in a way that was relevantly open to it – whether the IAA unreasonably failed to exercise power under s 473DC of the Migration Act 1958 (Cth) – whether the IAA misunderstood country information that it relied upon – whether the IAA relevantly erred in dealing with the question of relocation – where not all of the impediments to relocation raised by the applicant were considered by the IAA in assessing relocation – application succeeds.

DXP18 v Minister for Immigration, Citizenship & Multicultural Affairs [2024] FedCFamC2G 774

MIGRATION – application for judicial review of a decision of the Immigration Assessment Authority – whether the Authority misapplied s 473DD of the Migration Act 1958 (Cth) in assessing new information – whether the Authority acted unreasonably in failing to exercise its discretion in s 473DC of the Migration Act 1958 (Cth) to obtain new country information – jurisdictional error established.

Ghimire v Minister for Immigration, Citizenship & Multicultural Affairs [2024] FCA 816

MIGRATION – application for judicial review of decision of the Administrative Appeals Tribunal (Tribunal) affirming a delegate of the Minister’s decision not to revoke the applicant’s mandatory visa cancellation under s 501CA(4) of the Migration Act 1958 (Cth) (Act) – grounds of review – whether the Tribunal misapplied or misunderstood Direction 99 – where Tribunal attributed negative weight to consideration of the extent of impediments if applicant were to be removed from Australia – whether the error was material – consideration of LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2024) 98 ALJR 610 – whether the Tribunal failed to consider substantial, clearly articulated arguments on impediments applicant would face if returned to Nepal – whether the Tribunal denied applicant procedural fairness by preventing him from making submissions – application allowed.

Korat v Minister for Immigration, Citizenship & Multicultural Affairs [2024] FCAFC 59

MIGRATION – procedural fairness – where Administrative Appeals Tribunal decided not to revoke the cancellation of the appellant’s visa – where delegate concluded that the “best interests of children” consideration weighed in favour of revocation – where respondent did not advance a positive case that the “best interests of children” consideration weighed in favour of revocation and made a concession in closing submissions before the Tribunal that the “best interests of children” consideration weighed in favour of revocation – where Tribunal found the consideration weighed against revocation – whether Tribunal denied procedural fairness – Tribunal failed to afford the appellant procedural fairness – appeal allowed.

BFR18 v Minister for Immigration, Citizenship & Multicultural Affairs [2024] FedCFamC2G 87

MIGRATION – Application for judicial review of decision of Immigration Assessment Authority – the Authority made a finding based on unwarranted assumptions lacking a probative evidentiary basis – the Authority unreasonably failed to exercise its discretion in s 473DC of the Migration Act 1958 (Cth) to get new information from the applicant – jurisdictional errors established – writs issued.

Singh v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2023] FedCFamC2G 1189

MIGRATION – application for judicial review of student (Subclass 500) visa refusal – where Administrative Appeals Tribunal found the applicant was not a genuine applicant – consideration of Ministerial Direction No 69 – whether the Tribunal failed to consider material claims within the applicant’s genuine temporary entrant statement – found the Tribunal failed to have regard to the matters contained in paragraphs 9(b) and 9(c) of Direction 69 –found the Tribunal failed to take into account factors which had been the subject of substantial and clearly articulated claims made by the applicant – application granted.

BTA18 v Minister for Immigration, Citizenship & Multicultural Affairs [2023] FCA 1272

MIGRATION – appeals from the Federal Circuit Court – principles relevant to leave to raise a ground for the first time on appeal – whether the Immigration Assessment Authority engaged in irrational reasoning that amounted to legal unreasonableness – whether the primary judge erred in failing to find that the Authority misconceived its task under s 473DD of the Migration Act 1958 (Cth) – whether the primary judge erred in finding that there was only one fast track decision referred to the Authority for review and that the second appellant did not make his own protection claim – whether the Authority erred by not separately considering the two appellants’ protection claims – appeals allowed.

CRRN v Minister for Immigration, Citizenship & Multicultural Affairs [2023] FCA 1050

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.

DVS18 v Minister for Immigration, Citizenship & Multicultural Affairs [2023] FedCFamC2G 611

MIGRATION – application for judicial review of a decision by the Immigration Assessment Authority (“IAA”) – whether centrally relevant parts of the IAA’s reasoning were logically open to it – whether the IAA adequately engaged with the evidence before it – application succeeds.

AEH18 v Minister for Immigration, Citizenship & Multicultural Affairs [2023] FedCFamC2G 605

MIGRATION – application for judicial review of a decision by the Immigration Assessment Authority (“IAA”) – whether the IAA misapplied s 473DD of the Migration Act 1958 (Cth) – whether the IAA overlooked a number of documents that were centrally relevant to the applicant’s claims – application succeeds.

GHSS v Minister for Immigration, Citizenship and Multicultural Affairs [2023] AATA 1602 (12 June 2023)

MIGRATION – Refusal to grant a Protection (Class XA) visa – where Applicant does not pass the character test – whether there is another reason to not exercise the power to refuse to grant the visa – consideration of Ministerial Direction No. 99 – decision under review set aside and substituted.

Wellbeing Korea Qld Pty Ltd v Minister for Immigration, Citizenship & Multicultural Affairs [2023] FedCFamC2G 448

MIGRATION – Employer Nomination refusal – the Tribunal erred by failing to receive evidence from an essential witness – the Tribunal ought to have explored the specific aspect of the roles and duties of the nominee’s employment before making adverse findings – an invitation to appear before the Tribunal to give evidence cannot be a “hollow shell or an empty gesture” – materiality of error established.

ECE21 v Minister for Home Affairs [2023] FCAFC 52

MIGRATION – application for extension of time – appeal – judicial review – refusal to revoke mandatory cancellation of applicant's visa – likelihood of indefinite detention was a factor to be considered that clearly arose on the materials before the Minister – extension of time granted – leave to rely on amended proposed notice of appeal – appeal allowed.

FMI17 v Minister for Immigration, Citizenship & Multicultural Affairs [2022] FedCFamC2G 1045

MIGRATION – Immigration Assessment authority’s decision affected by jurisdictional error – assessment of the reasonableness of relocation – family members’ circumstances need to be taken into account and the repercussions of relocation must be considered – writ of certiorari issued.