Federal Court of Australia
Federal Court of Australia
BQHJ v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 187 Appeal from: BQHJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 372
File number(s): QUD 151 of 2021
Judgment of: RARES, COLLIER AND BROMWICH JJ
Date of judgment: 28 November 2022
Catchwords: MIGRATION – appeal from decision of single Judge of the Federal Court of Australia – where primary decision concerned judicial review of a decision of the Administrative Appeals Tribunal to affirm a decision of the delegate of the Minister not to revoke the appellant's visa cancellation – whether primary Judge erred by failing to find that the Tribunal had failed to consider evidence put forward by the appellant before the Tribunal – whether the primary Judge erred in not finding that the Tribunal's decision was legally unreasonable – appeal dismissed
Legislation: Migration Act 1958 (Cth)
Cases cited: BQHJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 372 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 390 ALR 590
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 43
Date of hearing: 15 November 2022
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