Federal Court of Australia
Federal Court of Australia
FHHM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 19 Appeal from: FHHM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 775
File number: WAD 184 of 2021
Judgment of: O'CALLAGHAN, COLVIN AND DERRINGTON JJ
Date of judgment: 22 February 2022
Catchwords: MIGRATION - appeal from decision of primary judge dismissing application for review of Administrative Appeals Tribunal decision refusing to revoke visa cancellation - whether primary judge erred in finding immaterial error by the Tribunal in its approach to weighing considerations required to be taken into account by Direction 79 - contention by Minister on appeal that there was no error in Tribunal's approach - consideration of reasoning in Suleiman v Minister for Immigration and Border Protection [2018] FCA 594 - Minister's contention upheld - appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 499, 501, 501CA
Cases cited: Kumar v Minister for Immigration and Border Protection [2020] FCAFC 16; (2020) 274 FCR 646 Kuru v State of New South Wales [2008] HCA 26; (2008) 236 CLR 1 PQSM v Minister for Home Affairs [2020] FCAFC 125; (2020) 279 FCR 175 Suleiman v Minister for Immigration and Border Protection [2018] FCA 594 Tohi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 125 YNQY v Minister for Immigration and Border Protection [2017] FCA 1466
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