Federal Court of Australia
Federal Court of Australia
Nahi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 29 Appeal from: Nahi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1169
File number(s): WAD 246 of 2021
Judgment of: LEE, SC DERRINGTON AND COLVIN JJ
Date of judgment: 8 March 2022
Catchwords: MIGRATION – appeal from dismissal of application for judicial review of Administrative Appeals Tribunal's decision to affirm decision not to revoke mandatory cancellation of visa on character grounds – whether Tribunal under duty to inquire as to the best interests of any minor children affected by the cancellation decision – whether any such failure to inquire was material
Legislation: Migration Act 1958 (Cth) ss 499(1), 499(2A), 501(6)(a), 501(7)(c), 501(3A), 501CA(4)
Cases cited: MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 Pennie v Minister for Home Affairs [2019] FCAFC 129 Taualii v Minister for Home Affairs [2019] FCA 2013 Uelese v Minister for Immigration and Border Protection [2015] HCA 15; 256 CLR 203
Division: General Division
Registry: Western Australia
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 42
Date of hearing: 21 February 2022
Counsel for the Appellant: Mr H Glenister
Solicitor for the Appellant: William Gerard Legal
Counsel for the First Respondent: Mr P Knowles
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