AEK20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 175

Federal Court of Australia

AEK20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 175 Appeal from: AEK20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 130

File number: NSD 205 of 2022

Judgment of: WIGNEY, ABRAHAM AND ROFE JJ

Date of judgment: 3 November 2022

Catchwords: MIGRATION – mandatory visa cancellation under s 501(3A) of Migration Act 1958 (Cth) – application for judicial review of respondent's decision under s 501CA of Migration Act 1958 (Cth) not to revoke original cancellation decision – primary judge found no claim relating to "effective" protection in Samoa was put before respondent – issue of whether primary judge misconstrued or misunderstood the appellant's claim in assessing generality of representations to the respondent – whether respondent was required to undertake quantitative or qualitative assessment of risk – generality of appellant's claim and absence of any supporting evidence – no error established – appeal dismissed with costs

Legislation: Migration Act 1958 (Cth) ss 501CA, 501(3A), 501CA(4)(b)(ii)

Cases cited: AEK20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 130 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41; (2021) 96 AJLR 13 Pennie v Minister for Home Affairs [2019] FCAFC 129 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 96 ALJR 497

Division: General Division

Registry: New South Wales