Federal Court of Australia
Federal Court of Australia
QDQY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 82 Appeal from: QDQY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1394
File number: VID 739 of 2021
Judgment of: SC DERRINGTON, O'BRYAN AND ABRAHAM JJ
Date of judgment: 16 May 2022
Catchwords: MIGRATION – appeal from Federal Court of Australia dismissing application for judicial review of decision of Administrative Appeals Tribunal to affirm delegate's decision not to revoke mandatory cancellation of visa pursuant to s 501(3A) of the Migration Act 1958 (Cth) – whether Tribunal failed to actively consider appellant's representations – whether Tribunal failed to fully consider real risk of harm in relation to claim of generalised violence and deteriorating living conditions in Iraq – whether Tribunal relied on South Australian Police (SAPOL) records of uncharged criminal conduct – whether prejudicial nature of the records could be cured by procedural fairness
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 33 Migration Act 1958 (Cth) ss 501, 501CA
Cases cited: Australian Communications and Media Authority v Today FM (Sydney) Pty Ltd [2015] HCA 7; 255 CLR 352 Bettencourt v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 172 Bullmore v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1106 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 CVN17 v Minister for Immigration and Border Protection [2019] FCA 13; 163 ALD 101 Guclukol v Minister for Home Affairs [2020] FCAFC 148; 279 FCR 611 Minister for Home Affairs v Omar [2019] FCAFC 188; 272 FCR 589 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216; 267 FCR 643 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 Papakosmas v R [1999] HCA 37; 196 CLR 297
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