Federal Court of Australia
Federal Court of Australia
Calvey v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 104 Appeal from: Calvey v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1389
File number(s): QUD 434 of 2021
Judgment of: BROMWICH, THOMAS AND RAPER JJ
Date of judgment: 22 June 2022
Catchwords: MIGRATION – s 501(3A) Migration Act 1958 (Cth) – where the Minister's delegate determined not to revoke cancellation of the appellant's visa – application for judicial review of the decision of the Administrative Appeals Tribunal affirming a decision of the delegate not to revoke cancellation – whether the Tribunal misconstrued paragraph 13.2(4)(f) of Direction 79 – whether Tribunal failed to consider best interests of the applicant's children – no jurisdictional error established – appeal against the decision of the primary judge dismissing the application – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 476A(1)(b), 499, 501(3A), 501(6)(a), 501(7)(c), 501CA(4) Direction No. 79 – Visa refusal and cancellation under s 501 and revocation of a mandatory cancellation of a visa under s 501CA (20 December 2018)
Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71; 216 CLR 473 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; 236 FCR 593 BOE21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 99 Calvey v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1389 Calvey and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 277 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 DQM18 v Minister for Home Affairs [2020] FCAFC 110; 278 FCR 529 Dunasemant v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 13 Minister for Home Affairs v Buadromo [2018] FCAFC 151; 267 FCR 320 Minister for Immigration and Citizenship v Khadgi [2010] FCAFC 145; 190 FCR 248 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41; 96 ALJR 13 Plaintiff M1-2021 v Minister for Home Affairs [2022] HCA 17; 400 ALR 417 Singh v Minister for Home Affairs [2019] FCAFC 3; 267 FCR 200
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