Federal Court of Australia
Federal Court of Australia
BOE21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 99 Appeal from: BOE21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1429
File number: NSD 1312 of 2021
Judgment of: FARRELL, PERRY AND DERRINGTON JJ
Date of judgment: 6 June 2022
Catchwords: MIGRATION – where the Primary Judge dismissed an application for review of a decision of the Administrative Appeals Tribunal to affirm a decision of a delegate of the first respondent not to revoke the mandatory cancellation of the applicant's Refugee visa – whether Tribunal failed to correctly apply Direction 90 issued pursuant to s 499 of the Migration Act 1958 (Cth) – alleged error in weighing process in relation to the elements of the consideration of the appellant's links to the Australian community – no error by the Tribunal or the Primary Judge
Legislation: Migration Act 1958 (Cth)
Cases cited: FCFY v Minister for Home Affairs (No 2) [2019] FCA 1990 Matthews v Minister for Home Affairs [2020] FCAFC 146
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 42
Date of hearing: 19 May 2022
Counsel for the Appellant: Mr D Hooke SC with Dr J Donnelly
Solicitor for the Appellant: Zarifi Lawyers
Counsel for the First Respondent: Mr G Johnson
Solicitor for the First Respondent: Clayton Utz
Counsel for the Second Respondent: The Second Respondent filed a submitting notice save as to costs
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