Federal Court of Australia
Federal Court of Australia
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Mukiza [2022] FCAFC 89 Appeal from: Mukiza v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1503
File number: NSD 30 of 2022
Judgment of: MARKOVIC, THAWLEY AND CHEESEMAN JJ
Date of judgment: 18 May 2022
Catchwords: MIGRATION – appeal from decision of primary judge to grant application for judicial review of Administrative Appeals Tribunal's decision to affirm a decision of a delegate of the Minister not to revoke a mandatory visa cancellation – whether finding about health and rehabilitation services in Canada required evidence – whether no evidentiary material identified in support of a finding – whether the principles as to fact finding for the purposes of s 501CA articulated in Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41 apply to Tribunal – Viane includes statements of general principle of relevance to the Tribunal's statutory task – appeal allowed
Legislation: Acts Interpretation Act 1901 (Cth) s 25D Administrative Appeals Tribunal Act 1975 (Cth) s 43(1) Migration Act 1958 (Cth) ss 499, 500(1), 501(3A), 501G(1), 501CA(4)
Cases cited: Bochenski v Minister for Immigration and Border Protection [2017] FCAFC 68; 250 FCR 209 Frugtniet v Australian Securities and Investments Commission [2019] HCA 16; 266 CLR 250 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; 205 CLR 507 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41; (2021) 395 ALR 403 Muin v Refugee Review Tribunal [2002] HCA 30; 190 ALR 601 Mukiza and Minister for Home Affairs (Migration) [2019] AATA 4445 Mukiza and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 1488 Mukiza v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1503 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 95 ALJR 441 Viane v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 144; (2020) 278 FCR 386
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