Federal Court of Australia
Federal Court of Australia
Minister for Immigration, Citizenship and Multicultural Affairs v McQueen [2022] FCAFC 199 Appeal from: McQueen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 3) [2022] FCA 258
File number: WAD 69 of 2022
Judgment of: MORTIMER, BANKS-SMITH AND O'SULLIVAN JJ
Date of judgment: 13 December 2022
Catchwords: MIGRATION – non-revocation of visa cancellation pursuant to s 501CA of the Migration Act 1958 (Cth) – whether primary judge erred in finding that Minister did not consider representations personally – no error by primary judge – appeal dismissed MIGRATION – non-revocation of visa cancellation pursuant to s 501CA of the Migration Act 1958 (Cth) – whether primary judge erred in finding that Minister acted unlawfully by relying on a summary of representations prepared by his Department – no error by primary judge– appeal dismissed APPEAL AND NEW TRIAL – need for appellant to establish error in the decision of a primary judge
Legislation: Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) s 10 Migration Act 1958 (Cth), ss 496, 499, 500, 501, 501CA Extradition Act 1988 (Cth) s 16, 19, 22
Cases cited: ABT17 v Minister for Immigration and Border Protection [2020] HCA 34; 269 CLR 439 Aldi Foods Pty Ltd v Moroccanoil Israel Ltd [2018] FCAFC 93; 261 FCR 301 Allesch v Maunz [2000] HCA 40; 203 CLR 172 Ayoub v Minister for Immigration and Border Protection [2015] FCAFC 83; 231 FCR 513 Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd [2022] FCAFC 112; 402 ALR 576 Carltona Ltd v Commissioners of Works [1943] 2 All ER 560 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 Chetcuti v Minister for Immigration [2019] FCAFC 112; 270 FCR 335 ERY19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 569 Folau v Minister for Immigration and Border Protection [2017] FCAFC 214; 256 FCR 455 Jadwan Pty Ltd v Rae & Partners (A Firm) [2020] FCAFC 62; 278 FCR 1 Le v Scott [2022] FCAFC 31 Lee v Lee [2019] HCA 28; 266 CLR 129 Maxwell v Minister for Immigration and Border Protection [2016] FCA 47; 249 FCR 275 Minister for Aboriginal Affairs v Peko-Wallsend Limited [1986] HCA 40; 162 CLR 24 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 21; 395 ALR 403 Minister of Aboriginal and Torres Strait Islander Affairs v Douglas [1996] FCA 395; 67 FCR 40 Plaintiff M1/2021 [2022] HCA 17; 400 ALR 417 Tervonen v Minister for Justice and Customs (No 2) [2007] FCA 1684 Tickner v Chapman [1995] FCA 987; 57 FCR 451
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