Recent Cases

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CBW20 [2021] FCAFC 63 (04 May 2021) (Perram, Moshinsky and Thawley JJ)


MIGRATION – protection visa – where the first respondent entered Australia by boat and was taken to what was then thought to be a “proclaimed port” – where the first respondent’s case was dealt with for several years on the assumption he was an “unauthorised maritime arrival” – where that assumption was incorrect – where, purportedly pursuant to s 195A of the Migration Act 1958 (Cth), the Minister granted the first respondent a temporary safe haven visa (for one week) and a bridging visa (for 12 months) – whether the grant of the temporary safe haven visa was valid – whether the first respondent’s application for a safe haven enterprise visa was valid – whether the Tribunal fell into jurisdictional error