cover image: Mr MF v Commonwealth of Australia (Department of Home Affairs) - July 2024

Mr MF v Commonwealth of Australia (Department of Home Affairs) - July 2024

28 Jul 2024

As a result of the inquiry, I find that the following acts of the Commonwealth are inconsistent with, or contrary to, articles 7 and 9(1) of the ICCPR: • the failure of the Department to consider Mr MF for the grant of a Bridging E visa prior to 5 November 2020 • the failure of the Department to consider Mr MF for the grant of a Bridging E visa from March 2021 to 9 December 2022 • the Department’s. [...] With respect to the third issue raised by Mr MF in his complaint to the Commission, namely the refusal of a Medical Treatment visa, I note that Mr MF sought a review of the decision of the Department to refuse that visa to the Administrative Appeals Tribunal (AAT), which affirmed the 9 Department’s decision on 17 March 2020. [...] The Minister also had the power pursuant to section 351 of the Migration Act to substitute a decision for the one made by the AAT on 17 March 2020, which affirmed the decision of the Department to refuse a Medical Treatment visa to Mr MF. [...] I consider 2 acts of the Commonwealth as relevant to this inquiry: • the failure of the Department to consider the grant of a Bridging E visa • the failure of the Department to refer the case to the Minister in order for the Minister to assess whether to exercise the discretionary powers under sections 195A, 197AB or 351 of the Migration Act. [...] For the reasons above, I find that the following acts of the Department resulted in Mr MF’s detention becoming arbitrary, contrary to article 9 of the ICCPR: • the failure of the Department to consider Mr MF for the grant of a Bridging E visa prior to 5 November 2020 • the failure of the Department to consider Mr MF for the grant of a Bridging E visa from March 2021 to 9 December 2022.
Pages
54
Published in
Australia

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