Ferreira v Minister for Home Affairs

In Ferreira v Minister for Home Affairs, the applicant sought an extension of time and judicial review of a decision by the Administrative Appeals Tribunal (AAT) affirming the Minister for Home Affairs’ decision not to exercise a discretionary power to reinstate the applicant’s visa under section 501CA(4) of the Migration Act 1958 (Cth). The court had to decide whether the AAT failed to properly consider the applicant’s inability to access healthcare in Portugal and if the AAT’s finding on the impediments the applicant would face on removal was justified.

The court found that the AAT did give proper, genuine, and realistic consideration to the applicant’s mental health issues and potential difficulties in accessing healthcare in Portugal. The AAT accepted the applicant's mental health condition, assessed the challenges of obtaining cost-free healthcare, and acknowledged the applicant’s low prospects of finding work in Portugal. The court held that the AAT’s reasons were sufficient and did not find any jurisdictional error in the AAT’s consideration of these factors. Furthermore, the court found that the AAT’s decision to attribute significant weight to the impediments the applicant would face on removal was supported by the evidence and did not lack an intelligible justification.

The court dismissed the applicant’s application for judicial review, concluding that there was no jurisdictional error in the AAT’s decision. The court ordered that the amended originating application for review of the migration decision be dismissed and that the applicant pay the costs of the first respondent as agreed or taxed.