Recent Cases

AFX17 v Minister for Home Affairs [2022] FCAFC 150 (05 September 2022) (SC Derrington, Wheelahan and Goodman JJ)


Catchwords:


MIGRATION — appeal from decision of a judge of the Federal Court to dismiss an application for judicial review of a decision of the Minister under s 501A(2) of the Migration Act 1958 (Cth) to set aside a decision of the Administrative Appeals Tribunal and to refuse to grant the appellant a Safe Haven Enterprise visa on character grounds — where the Minister was satisfied that it was in the national interest to refuse to grant the visa — whether the decision was affected by legal unreasonableness because the Minister did not adequately consider the potential breach of Australia’s non-refoulement treaty obligations in reaching a state of satisfaction that the refusal to grant the appellant a visa was in the national interest — whether the Full Court decision in Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CWY20 [2021] FCAFC 195 is affected by Plaintiff M1 2021 v Minister for Home Affairs [2022] HCA 17 — no error by primary judge – appeal dismissed