Federal Court of Australia
Federal Court of Australia
Guclukol v Minister for Home Affairs [2020] FCAFC 148 Appeal from: Guclukol v Minister for Home Affairs [2020] FCA 61
File number: VID 152 of 2020
Judgment of: KATZMANN, O'CALLAGHAN AND DERRINGTON JJ
Date of judgment: 4 September 2020
Catchwords: MIGRATION – application for revocation of cancellation decision – whether Minister failed to take into consideration a relevant factor when determining if he was satisfied there was "another reason" to revoke the cancellation decision – whether Minister required to make findings in relation to representations made – no error found
Legislation: Acts Interpretation Act 1901 (Cth) s 25D Migration Act 1958 (Cth) ss 91R, 499, 501(3A), 501(6), 501(7)(c), 501(7)(d), 501CA, 501G(1)(e)
Cases cited: Ali v Minister for Home Affairs [2020] FCAFC 109 BSE17 v Minister for Home Affairs [2018] FCA 1926 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 DQM18 v Minister for Home Affairs [2020] FCAFC 110 EVK18 v Minister for Home Affairs [2020] FCAFC 49 Hands v Minister for Immigration and Border Protection (2018) 267 FCR 628 Minister for Home Affairs v Buadromo (2018) 267 FCR 320 Minister for Home Affairs v Omar (2019) 373 ALR 569 Minister for Immigration and Border Protection v DRP17 (2018) 267 FCR 492 Minister for Immigration and Border Protection v Maioha (2018) 267 FCR 643 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 78 ALJR 992 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 77 ALJR 1165 SZBQJ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 143 Uelese v Minister for Immigration and Border Protection (2016) 248 FCR 296 Viane v Minister for Immigration and Border Protection (2018) 263 FCR 531 Derrington R, "Migrating Towards a Principled Approach to Reviewing Jurisdictional Facts" (2020) 27 AJ Admin L 70
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