Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
XXBN v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 74 Appeal from: XXBN v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1047
File number(s): NSD 1014 of 2021
Judgment of: BROMBERG, STEWART AND GOODMAN JJ
Date of judgment: 11 May 2022
Catchwords: MIGRATION – Appeal from application for judicial review of decision of the Administrative Appeals Tribunal affirming delegate's decision to not revoke the cancellation of the appellant's visa – where visa cancelled because of appellant's criminal record – where visa mandatorily cancelled under s 501(3A) Migration Act 1958 (Cth) – whether "another reason" for revocation under s 501CA(4) – whether the Tribunal misdirected itself as to the operation of paragraph 13.2(4)(a) of Direction No 79 – whether, where immediate family members are also victims of the appellant's crimes, the Tribunal must consider the effect of non-revocation in both capacities – whether there was a failure to so consider.
Legislation: Migration Act 1958 (Cth) Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases cited: Bale v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 646 Minister for Immigration v Lesianawai (2014) 227 FCR 562 WQRJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 736
Division: General Division
Registry: New South Wales
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