Ali v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 140

Federal Court of Australia

Ali v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 140 Appeal from: Ali v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 174

File number: NSD 222 of 2022

Judgment of: YATES, BROMWICH AND MCELWAINE JJ

Date of judgment: 26 August 2022

Catchwords: MIGRATION – appeal from primary judge dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal – Tribunal affirmed delegate's decision not to revoke mandatory cancellation of visa pursuant to s 501(3A) of the Migration Act 1958 (Cth) – whether Tribunal made irrelevant or illogical considerations – whether Tribunal failed to give probative weight to evidence – Held: appeal dismissed PRACTICE AND PROCEDURE – application for leave to rely upon entirely new grounds of review for the first time on appeal to the Full Court – Held: application dismissed – insufficient merit to warrant the grant of leave

Legislation: Migration Act 1958 (Cth) ss 499, 501(6)(h)

Cases cited: DHX17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 127; 278 FCR 475 FUD18 v Minister for Home Affairs [2020] FCA 48; 168 ALD 474 MBJY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 11; 284 FCR 152 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v EYR19 [2021] FCAFC 133; 285 FCR 540 Tohi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 125; 285 FCR 187 Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] HCA 28