Federal Court of Australia
Federal Court of Australia Toki v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 164 Appeal from: Toki v Minister for Home Affairs [2022] FCA 44
File number: NSD 160 of 2022
Judgment of: MARKOVIC, GOODMAN AND RAPER JJ
Date of judgment: 23 September 2022
Catchwords: MIGRATION – s 501CA(4) Migration Act 1958 (Cth) – where the Minister determined not to revoke the cancellation of the appellant's visa – where primary judge dismissed the application for judicial review of the Minister's decision – whether the Minister's finding that the appellant had no family support was legally unreasonable – whether in all the circumstances it was legally unreasonable for the Minister not to revoke the cancellation of the visa – whether the Minister failed to consider a relevant consideration that without a visa the appellant would be deprived of access to community leave and progressive transition to release – whether the Minister failed to consider the appellant's ongoing regular contact with his family – appeal dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 27 Migration Act 1958 (Cth) ss 189, 254, 501(3A), 501(6), 501(6)(a), 501(7(c), 501CA, 501CA(3), 501CA(4), 501CA(4)(b)(ii) Federal Court Rules 2011 (Cth) r 36.57 Mental Health Act 2007 (NSW) s 53
Cases cited: Bettencourt v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 172; 287 FCR 294 BHL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 94; 277 FCR 420 BVZ21 v Commonwealth of Australia [2022] FCAFC 122 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 3; 397 ALR 1 Falzon v Minister for Immigration and Border Protection [2018] HCA 2; 262 CLR 333 McCafferty v Minister for Immigration & Ethnic Affairs [1995] FCA 1099; 61 FCR 275 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 Navoto v Minister for Home Affairs [2019] FCAFC 135 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 400 ALR 417 R v Toki, Martin [2009] NSWDC 186
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