Did the Minister engage with the representations?

Federal Court: Minister was considering whether to cancel the Applicant's visa under s 501(2). Applicant stated that "there was targeted violence [in South Sudan] against the Nuer ethnic community of which the applicant is a member, including killings, abductions, unlawful detentions, deprivation of liberty, rape and sexual violence". Minister accepted that the Applicant "would face hardship arising from famine and civil war were he to return to South Sudan". Did the Minister engage with the Applicant's representations?

In response to a natural justice letter from the Minister informing the Applicant that the Minister was considering cancelling the Applicant's visa under s 501(2) of the Migration Act 1958 (Cth), the Applicant made representations "that country information indicated that there was targeted violence against the Nuer ethnic community of which the applicant is a member, including killings, abductions, unlawful detentions, deprivation of liberty, rape and sexual violence".

The Minister cancelled the Applicant's visa and the only passage in the decision record that related to the above representations was as follows:

55.     I have also considered [the applicant’s] claims of harm upon return to South Sudan outside of the concept of non-refoulement and the international obligations framework. I accept that regardless of whether [the applicant’s claims are such as to engage non-refoulement obligations, [the applicant] would face hardship arising from famine and civil war were he to return to South Sudan.

One of the questions to the Federal Court (FCA) was whether the Minister had "engage[d] with the representations made on behalf of the applicant".

The FCA answered that question as follows:

The remainder of this article is only available to Case Law and Platinum subscribers.

Read our Terms & Conditions and upgrade below:

Monthly Subscriptions

Premium
Basic Content
Premium Content
-
-
$ 29 /month
Subscribe
Case Law
Basic Content
-
Case Law Content
-
$ 49 / month
Subscribe
Platinum
Basic Content
Premium Content
Case Law Content
Save $ 9 / month
$ 69 / month
Subscribe

Annual Subscriptions

Premium
Basic Content
Premium Content
-
Save $ 49 / year
$ 299 / year
Subscribe
Case Law
Basic Content
-
Case Law Content
Save $ 89 / year
$ 499 / year
Subscribe
Platinum
Basic Content
Premium Content
Case Law Content
Save $ 237 / year
$ 699 / year
Subscribe

 

Where GST applies, the above amounts are inclusive of GST.

Content Types

Basic Content includes basic news, some media articles and selected announcements.

Premium Content includes all our content, except for Case Law Content. In other words, it includes Basic Content, plus all our articles on legislative and policy changes, industry updates and the Migration Legislation Tracker.

Case Law Content includes Basic Content, plus case law summaries, analysis and extract, but does not include Premium Content.

Platinum Content includes Basic Content, plus Premium Content, plus Case Law Content. In other words, it includes ALL our content.

If you already have a Case Law or Platinum subscription, click on 'Login' below.