RRFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 27

Federal Court of Australia

RRFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 27 Appeal from: RRFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1273

File number: VID 628 of 2021

Judgment of: NICHOLAS, YATES AND BURLEY JJ

Date of judgment: 4 March 2022

Catchwords: MIGRATION – appeal against order dismissing application for judicial review of a decision of the Administrative Appeals Tribunal not to revoke a decision to cancel appellant's visa – where appellant made representation concerning the prospect that he would experience indefinite detention – whether Tribunal failed to consider representation made by the appellant – whether Tribunal engaged in active intellectual process in considering representation

Legislation: Migration Act 1958 (Cth) s 501(3A)

Cases cited: AJL20 v Commonwealth of Australia (2020) 279 FCR 549 Ali v Minister for Immigration and Border Protection [2018] FCA 650 BFMV v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 199 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 CAR15 v Minister for Immigration and Border Protection (2019) 272 FCR 131 Commonwealth of Australia v AJL20 (2021) 391 ALR 562 DOB18 v Minister for Home Affairs [2018] FCA 1523 Lafu v Minister for Immigration and Citizenship [2009] FCAFC 140 Minister for Home Affairs v Omar (2019) 272 FCR 589 Navoto v Minister for Home Affairs [2019] FCAFC 135 Tickner v Chapman (1995) 57 FCR 451 WKMZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 55