Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Matthews v Minister for Home Affairs [2020] FCAFC 146 Appeal from: Matthews v Minister for Home Affairs [2019] FCA 2184
File number(s): VID 53 of 2020
Judge(s): MIDDLETON, PERRY and O'Bryan JJ
Date of judgment: 26 August 2020
Catchwords: MIGRATION – appeal from application for judicial review of Administrative Appeals Tribunal decision not to revoke mandatory cancellation under s 501CA(4), Migration Act, of appellant's visa – whether Tribunal failed to engage in an active intellectual manner with evidence as to the strength, nature and duration of the appellant's ties with Australia for the purposes of Ministerial Direction No. 65 – whether Tribunal failed to consider letters from family members as to the appellant's links with his family – consideration of relevant principles – leave to raise new ground alleging Tribunal's decision unreasonable refused – appeal dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 43(2B) Migration Act 1958 (Cth) s 501CA(4)
Cases cited: Minister for Home Affairs v Buadromo [2018] FCAFC 151; (2018) 267 FCR 320 Minister for Home Affairs v HSKJ [2018] FCAFC 217; 266 FCR 591 Minister for Home Affairs v Ogawa [2019] FCAFC 98; (2019) 269 FCR 536 Minister for Home Affairs v Omar [2019] FCAFC 188; 373 ALR 569 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16; 309 ALR 67 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Murad v Assistant Minister for Immigration and Border Protection [2017] FCAFC 73; (2017) 250 FCR 510 Navoto v Minister for Home Affairs [2019] FCAFC 135 Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50; (2015) 258 CLR 173 Shi v Migration Agents Registration Authority [2008] HCA 31; (2008) 235 CLR 286 SZTMD v Minister for Immigration and Border Protection [2015] FCA 150; (2015) 150 ALD 34 Vu v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 90 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588
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