Mundele v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 221

Federal Court of Australia

Mundele v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 221 Appeal from: Mundele v Minister for Home Affairs [2020] FCA 526

File number: NSD 519 of 2020

Judgment of: MIDDLETON, FARRELL AND WHITE JJ

Date of judgment: 11 December 2020

Catchwords: MIGRATION – appeal from the Federal Court dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal (the Tribunal) – cancellation of visa pursuant to s 501(3A) of the Migration Act 1958 (Cth) – whether jurisdictional error by the Tribunal by failing to consider evidence concerning the appellant's behaviour while in prison – appeal dismissed.

Legislation: Migration Act 1958 (Cth) ss 499, 500, 501(3A), 501CA Crimes Act 1900 (NSW) ss 193B(2), 254

Cases cited: Applicant WAEE v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 BYA17 v Minister for Immigration and Border Protection [2019] FCAFC 44, (2019) 269 FCR 94 DBO17 v Minister for Immigration and Border Protection [2020] FCA 1118 Dranichnikov v Minister for Immigration and Multicultural and Indigenous Affairs [2003] HCA 26, (2003) 77 ALJR 1088 EGH19 v Minister for Home Affairs [2020] FCA 692 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 Nguyen v Minister for Immigration & Multicultural Affairs [2000] FCA 1265; (2000) 101 FCR 20 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116, (2018) 263 FCR 531