BFMV v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 199

Federal Court of Australia

BFMV v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 199 Appeal from: BFMV v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 573

File number: NSD 628 of 2021

Judgment of: THAWLEY, STEWART AND CHEESEMAN JJ

Date of judgment: 16 November 2021

Catchwords: MIGRATION – appeal from orders dismissing application for judicial review of Administrative Appeals Tribunal decision – Administrative Appeals Tribunal affirmed decision of a delegate of the first respondent, made under s 501CA(4) of the Migration Act 1958 (Cth), not to revoke a decision made under s 501(3A) of that Act to cancel the appellant's visa – legal consequences of non-revocation – whether Tribunal failed to carry out statutory function according to law by failing to consider the appellant's representations – appeal dismissed

Legislation: Federal Court Rules 2011 (Cth) r 4.12 Migration Act 1958 (Cth) ss 36(1C), 48A, 499(2A), 500(1), 501, 501CA, 501E

Cases cited: Ali v Minister for Immigration and Border Protection [2018] FCA 650 AZAFQ v Minister for Immigration and Border Protection (2016) 243 FCR 451; [2016] FCAFC 105 BFMV and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 5213 BFMV v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 573 DFTD v Minister for Home Affairs [2020] FCA 859 Goundar v Minister for Immigration and Border Protection (2016) 160 ALD 123; [2016] FCA 1203 Minister for Home Affairs v Omar (2019) 272 FCR 589; [2019] FCAFC 188 Minister for Immigration and Border Protection v Maioha (2018) 267 FCR 643; [2018] FCAFC 216 MNLR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 35