Recent Cases

DCR19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 229 (17 December 2021) (Bromwich, Anastassiou and Anderson JJ)


MIGRATION – judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of a delegate of the responsible Minister made under s 501CA(4) of the Migration Act 1958 (Cth) not to revoke the cancellation of a Resolution of Status visa – whether legally unreasonable for Tribunal not to have inquired or adjourned hearing to enable material to be put before it regarding non-refoulement, or to not have considered doing so – whether Tribunal failed to give real and genuine consideration to a claim or relevant evidence regarding non-refoulement– whether the Tribunal erred in its interpretation or application of s 500(6H) of the Act – appeal dismissed