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Key decisions

  • DP117 v Minister for Home Affairs [2019] FCAFC 43
  • Australian Workers’ Union v Registered Organisations Commissioner [2019] FCA 309
  • Carrafa v Chaplin, in the matter of the bankrupt estate of Michael Chaplin [2019] FCA 415

Administrative and migration law

Legal unreasonableness by failure to exercise statutory discretion – s 473DC of the Migration Act 1958 (Cth)

In DP117 v Minister for Home Affairs [2019] FCAFC 43 (15 March 2019) the Full Court allowed an appeal and set aside the decision of the Federal Circuit Court which had dismissed the appellant’s application for judicial review of a decision of the Immigration Assessment Authority (‘IAA’). The IAA affirmed a decision by the Minister’s delegate to refuse the appellant a Safe Haven Enterprise Visa (‘SHEV’). 

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