Federal Court of Australia
Federal Court of Australia
QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 166 Appeal from: QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1810
File number: VID 83 of 2021
Judgment of: MCKERRACHER, GRIFFITHS AND BROMWICH JJ
Date of judgment: 15 September 2021
Catchwords: MIGRATION – Administrative Appeals Tribunal affirmed decision not to revoke visa cancellation under s 501CA(4) of the Migration Act 1958 (Cth) – amended notice of appeal raised two grounds not run before primary judge – ground 2 a "no evidence" ground – where appellant failed to produce transcript of Tribunal hearing in Court Book – held: leave granted to raise ground 1 but not ground 2 MIGRATION – whether Tribunal's fact finding irrational or illogical – where Tribunal made adverse credibility findings against appellant and stated it would only accept claims corroborated by evidence – findings of fact reasonably open – alleged errors not material – potentially discretionary considerations against relief – held: appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 91X, 499, 501, 501(3A), 501CA, 501CA(4)
Cases cited: Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 Hands v Minister for Immigrations and Border Protection [2018] FCAFC 225; 267 FCR 628 Minister for Immigration and Border Protection v MZZMX [2020] FCAFC 175; 280 FCR 1 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21; 197 CLR 611 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v FAK19 [2021] FCAFC 153 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1; 168 ALR 407 SZOOR v Minister for Immigration and Citizenship [2012] FCAFC 58; 202 FCR 1 SZQBN v Minister for Immigration and Citizenship [2013] FCAFC; 213 FCR 297 Viane v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 144; 278 FCR 386
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