Cho v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 506

Cho v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 506

Neither ground of review was made out: the applicant did not establish denial of procedural fairness regarding non-refoulement, nor did the Tribunal find the applicant had extant contacts in the Republic of China; the review failed for want of error or materiality.

Parties
Applicant: Chia Chau Cho; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
21 April 2020
Procedural Posture
Judicial Review / Final Judgment of Federal Court
Outcome
Application dismissed; costs awarded to first respondent
Legal Topics
Visa Cancellation, Character Test, Procedural Fairness, Non Refoulement Obligations
Administrative Law Migration Law Visa Cancellation Character Test Procedural Fairness Non Refoulement Obligations

Case Brief

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Parties

Chia Chau Cho

Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Judicial Review / Final Judgment of Federal Court

Legal Issues

  1. 1 Whether the Tribunal accorded procedural fairness in considering non-refoulement obligations and the Criminal Code of the Republic of China
  2. 2 Whether the Tribunal erred in finding the applicant had contacts in the Republic of China

Ratio Decidendi

Neither ground of review was made out: the applicant did not establish denial of procedural fairness regarding non-refoulement, nor did the Tribunal find the applicant had extant contacts in the Republic of China; the review failed for want of error or materiality.

Court Disposition

Application dismissed; costs awarded to first respondent

Orders

  • The application be dismissed.
  • The applicant pay the first respondent's costs as agreed or taxed.