Federal Court of Australia
Federal Court of Australia
Ngata v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 139 Appeal from: Ngata v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 906
File number: NSD 911 of 2021
Judgment of: CHARLESWORTH, ANDERSON AND ROFE JJ
Date of judgment: 25 August 2022
Catchwords: MIGRATION – visa cancelled under s 501(3A) of the Migration Act 1958 (Cth) – Minister's delegate refusing to revoke the cancellation decision – non-revocation decision affirmed on review by the Administrative Appeals Tribunal – primary judge dismissing application for judicial review of Tribunal's decision – whether primary judge erred in concluding the Tribunal did not commit jurisdictional error – whether Tribunal failed to afford the appellant procedural fairness – whether the Tribunal's decision was affected by legal unreasonableness – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 474, 476A, 499, 501, 501CA
Cases cited: Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 3; 397 ALR 1 Griffin v Pantzer (2004) 137 FCR 209 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Kioa v West (1985) 159 CLR 550 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Muggeridge v Minister for Immigration and Border Protection (2017) 255 FCR 81 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 390 ALR 590 Ngata v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 906 Ngata v The Queen [2020] ACTCA 18 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 Pyneboard Pty Ltd v Trade Practices Commission (1983) 152 CLR 328 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 Sorby v Commonwealth (1983) 152 CLR 281
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