DKN20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 97

Federal Court of Australia

DKN20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 97 Appeal from: DKN20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1158

File number: VID 560 of 2020

Judgment of: COLLIER, MARKOVIC AND ANASTASSIOU JJ

Date of judgment: 8 June 2021

Catchwords: MIGRATION – appeal from Federal Court of Australia – application for judicial review of decision of the Administrative Appeals Tribunal affirming decision not to revoke mandatory cancellation of Appellant's partner visa – whether the Tribunal failed to consider the impact on a victim of the cancellation of the visa – whether there was denial of procedural fairness to the Appellant – appeal dismissed

Legislation: Migration Act 1958 (Cth), ss 501(3A), 501(6)(a), 501(7)(c), 501CA

Cases cited: AAD16 v Minister for Immigration and Border Protection [2018] FCA 1433 Bale v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 646 BZA16 v Minister for Immigration and Border Protection (No 2) [2019] FCA 60 CGX20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2020] FCA 1842 CGX20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 69 Hodgson v Minister for Immigration and Border Protection [2017] FCA 1141 Meyrick v Minister for Home Affairs [2020] FCA 677 Minister for Home Affairs v HSKJ [2018] FCAFC 217; 266 FCR 591 Navoto v Minister for Home Affairs [2019] FCAFC 135 RZSN v Minister for Home Affairs [2019] FCA 1731