CWY20 contradicted by Plaintiff M1?

By
Sergio Zanotti Stagliorio
-

Federal Court (Full Court). Was the Full Court's decision in CWY20 contradicted by the High Court's decision in Plaintiff M1-2021 v Minister for Home Affairs [2022] HCA 17?

Some of the questions to the Full Court of the Federal Court (FCAFC) were as follows:

Question 1: Was the question in CWY20 "whether in the circumstances of addressing in that case an issue raised by domestic law, namely s 501A(2)(e) of the Act, consideration of the national interest could be reasonably undertaken without addressing the potential breach of international obligations"?

Question 2: Was the question in Plaintiff M1 "whether a decision-maker, considering revocation of a decision to cancel a visa under s 501CA(4), was required to determine whether non-refoulement obligations were owed to a former visa holder who made representations that raised a potential breach of those obligations, but where the person remained free to apply for a protection visa"?

Question 3: Was CWY20 contradicted by Plaintiff M1?

The FCAFC answered those questions as follows:

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