Knight v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 127

Federal Court of Australia

Knight v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 127 Review of: Knight and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 4595 (8 December 2021)

File number: QUD 10 of 2022

Judgment of: ALLSOP CJ, COLLIER AND YATES JJ

Date of judgment: 4 August 2022

Catchwords: MIGRATION – application for judicial review of Tribunal's decision to affirm decision of delegate not to revoke mandatory cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) – application dismissed

Legislation: Migration Act 1958 (Cth) ss 499, 501(3A), 501CA(3), 501CA(3)(b), 501CA(4), 501CA(4)(b) Direction No. 90 – Visa refusal and cancellation under s 501 and revocation of a mandatory cancellation of a visa under s 501CA (8 March 2021) paras 5.2, 8.4(1), Pt 2

Cases cited: AAL19 v Minister for Home Affairs [2020] FCAFC 114; 277 FCR 393 Dranichnikov v Minister for Immigration and Multicultural and Indigenous Affairs [2003] HCA 26; 197 ALR 389 Frugtniet v Australian Securities and Investments Commission [2019] HCA 16; 266 CLR 250 Jebb v Repatriation Commission (1988) 8 AAR 285 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41; 395 ALR 403 Plaintiff M1 v Minister for Home Affairs [2022] HCA 17; 96 ALJR 497 Re Easton v Repatriation Commission (1987) 6 AAR 558 Savaiinaea v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1849 Shi v Migration Agents Registration Authority [2008] HCA 31; 235 CLR 286