Recent Cases

Heiner v Minister for Home Affairs [2022] FCAFC 81 (17 May 2022) (Katzmann, Beach and Goodman JJ)


Catchwords:


ADMINISTRATIVE LAW — appeal from dismissal of application for judicial review of a decision of the Australian Human Rights Commission to cease inquiring into appellant’s complaint — where appellant’s Australian citizenship ceased in 1999 by operation of s 17 of the Australian Citizenship Act 1948 (Cth) — where Minister refused to grant appellant a visitor visa in 2019 for non-compliance with Public Interest Criterion 4004 of Migration Regulations 1994 (Cth) — where appellant complained to Commission that Minister had breached his human right to enter “his own country Australia” contrary to Art 12(4) of the International Covenant on Civil and Political Rights — where Commission decided to cease inquiring into the complaint under s 20(2) of the Australian Human Rights Commission Act 1986 (Cth) because continuation of the inquiry was not warranted, the complaint lacked substance, other remedies were available, and practical outcomes and remedies were unlikely to be achieved through conciliation — whether primary judge erred in failing to find that the Commission failed to consider the appellant’s complaint relating to Art 12(4)