Vargas v Minister for Home Affairs [2021] FCAFC 162 (03 September 2021) (McKerracher, Markovic and SC Derrington JJ)


Catchwords:


MIGRATION – appeal from decision of primary judge dismissing application made under s 476A of the Migration Act 1958 (Cth) (the Act) for judicial review of a migration decision – where Minister used his discretion under s 501BA of the Act to set aside a decision of the Administrative Appeals Tribunal (AAT) made under s 501CA of the Act – whether the Minister’s refusal to afford the appellant natural justice in the process of, or leading up to, the exercise of his power in s 501BA(2) was unreasonable – whether Federal Court has jurisdiction to review the process leading up to exercise of such power – whether the Minister’s disagreement with a comment by the AAT that the appellant is not a ‘threat to all women’ is a finding that is ‘illogical, irrational or unreasonable’ – whether the Minister failed to apply any ‘active intellectual process’ to certain matters affecting his decision – whether Minister failed to take into account materials before the AAT that were mandatory relevant considerations