Federal Court of Australia
Federal Court of Australia
Kwatra v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 194 Appeal from: Kwatra v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 680
File number: VID 396 of 2022
Judgment of: MARKOVIC, CHEESEMAN AND HESPE JJ
Date of judgment: 8 December 2022
Catchwords: MIGRATION – appeal from decision of the Federal Court of Australia – where primary judge dismissed application for judicial review of Administrative Appeals Tribunal decision not to revoke visa cancellation under s 501CA(4) of the Migration Act 1958 (Cth) – whether the primary judge erred in failing to find that Tribunal erred in failing to consider the extent of the impediments that the appellant's health would cause him if returned to India – whether primary judge erred in failing to find that the Tribunal erred in failing to consider how Australia's non-refoulement obligations may be engaged where no non-refoulement claim was advanced by the applicant before the Tribunal – Held: appeal dismissed with costs
Legislation: Migration Act 1958 (Cth) s 501CA(4)(b)(ii) Direction No. 90 - Visa refusal and cancellation under s501 and revocation of a mandatory cancellation of a visa under s501CA
Cases cited: Afu v Minister for Home Affairs [2018] FCA 1311 Allesch v Maunz [2000] HCA 40; 203 CLR 172 Bettencourt v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 172; 287 FCR 294 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd [2001] FCA 1833; 117 FCR 424 CSV15 v Minister for Immigration and Border Protection [2018] FCA 699 Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 3; 289 FCR 21 FJP17 v Minister for Home Affairs [2019] FCA 256 HRZN v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 133 Kwatra v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 58 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 264 CLR 541 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 390 ALR 590 Nathanson v Minister for Home Affairs [2022] HCA 26; 403 ALR 398 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 400 ALR 417 Re Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; 205 CLR 507 Sharma v Minister for Immigration and Border Protection [2017] FCAFC 227; 256 FCR 1 Swift v SAS Trustee Corporation [2010] NSWCA 182 SZDCD v Minister for Immigration and Border Protection [2019] FCA 326 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; 262 CLR 362
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