BFR18 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FedCFamC2G 87 (7 February 2024)

MIGRATION – Application for judicial review of decision of Immigration Assessment Authority – the Authority made a finding based on unwarranted assumptions lacking a probative evidentiary basis – the Authority unreasonably failed to exercise its discretion in s 473DC of the Migration Act 1958 (Cth) to get new information from the applicant – jurisdictional errors established – writs issued.

Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FedCFamC2G 1189 (14 December 2023)

MIGRATION – application for judicial review of student (Subclass 500) visa refusal – where Administrative Appeals Tribunal found the applicant was not a genuine applicant – consideration of Ministerial Direction No 69 – whether the Tribunal failed to consider material claims within the applicant’s genuine temporary entrant statement – found the Tribunal failed to have regard to the matters contained in paragraphs 9(b) and 9(c) of Direction 69 –found the Tribunal failed to take into account factors which had been the subject of substantial and clearly articulated claims made by the applicant – application granted.

BTA18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1272 (25 October 2023)

MIGRATION – appeals from the Federal Circuit Court – principles relevant to leave to raise a ground for the first time on appeal – whether the Immigration Assessment Authority engaged in irrational reasoning that amounted to legal unreasonableness – whether the primary judge erred in failing to find that the Authority misconceived its task under s 473DD of the Migration Act 1958 (Cth) – whether the primary judge erred in finding that there was only one fast track decision referred to the Authority for review and that the second appellant did not make his own protection claim – whether the Authority erred by not separately considering the two appellants’ protection claims – appeals allowed.

CRRN v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1050 (5 September 2023)

MIGRATION – mandatory character cancellation – detention without end – where Afghan (not Afghani) former visa-holder applied for revocation of cancellation – schizophrenia and cognitive impairment – where submissions made, and accepted by the Minister, that detention will be indefinite – where submissions made that detention had no realistic possibility of ending – whether submissions adequately identified, understood and evaluated – whether irrational to temper weight given to indefinite detention consideration because a protection visa could be applied for where Minister accepted that there was no realistic possibility it would be granted – judicial review successful and decision set aside

DVS18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 611 (18 July 2023)

MIGRATION – application for judicial review of a decision by the Immigration Assessment Authority (“IAA”) – whether centrally relevant parts of the IAA’s reasoning were logically open to it – whether the IAA adequately engaged with the evidence before it – application succeeds

AEH18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 605 (17 July 2023)

MIGRATION – application for judicial review of a decision by the Immigration Assessment Authority (“IAA”) – whether the IAA misapplied s 473DD of the Migration Act 1958 (Cth) – whether the IAA overlooked a number of documents that were centrally relevant to the applicant’s claims – application succeeds

GHSS v Minister for Immigration, Citizenship and Multicultural Affairs [2023] AATA 1602 (12 June 2023)

MIGRATION – Refusal to grant a Protection (Class XA) visa – where Applicant does not pass the character test – whether there is another reason to not exercise the power to refuse to grant the visa – consideration of Ministerial Direction No. 99 – decision under review set aside and substituted.