Recent Cases

Ent19 v Minister for Home Affairs [2021] FCAFC 217 (26 November 2021) (Collier, Katzmann, Wheelahan JJ)


Catchwords:


MIGRATION — appeal from decision of the Federal Circuit Court to dismiss an application for judicial review of a decision to refuse to grant a Safe Haven Enterprise visa — where Minister not satisfied that the grant of the visa was in the national interest under cl 790.227 of the Migration Regulations 1994 (Cth) — where appellant convicted of, and sentenced for, a people smuggling offence but recognised as a refugee at risk of serious harm in his country of nationality and where appellant satisfied all other visa criteria and there was no evidence that he was entitled to enter and reside in a country other than his country of nationality, whether Minister did not consider the prospect of refoulement and the potential breach by Australia of its non-refoulement treaty obligations — whether, if so, the Minister was bound to do so — whether primary judge erred by making a finding of fact in the absence of evidence — whether Minister’s decision legally unreasonable because appellant not found to be a person whom the Minister considered a danger to Australia’s security within s 36(1C) of the Migration Act 1958 (Cth) or because it was made for the purpose of further punishing the appellant