Federal Court of Australia
Federal Court of Australia
Minister for Immigration, Citizenship and Multicultural Affairs v HSRN [2023] FCAFC 68 Review of: HSRN and Minister for Immigration, Citizenship and Multicultural Affairs [2022] AATA 4377
File number: NSD 1115 of 2022
Judgment of: MOSHINSKY, STEWART AND JACKMAN JJ
Date of judgment: 11 May 2023
Catchwords: MIGRATION – review of decision of AAT – Direction No. 90 – expectations of the Australian community – whether Tribunal made own assessment – whether the expectations of the Australian community are necessarily adverse when a person has failed the character test – whether error jurisdictional – decision set aside
Legislation: Migration Act 1958 (Cth) ss 476A, 499, 501, 501CA
Cases cited: FYBR v Minister for Home Affairs [2019] FCAFC 185; 272 FCR 454 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 Williams v Minister for Immigration and Border Protection [2014] FCA 674; 226 FCR 112 YNQY v Minister for Immigration and Border Protection [2017] FCA 1466
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 49
Date of hearing: 4 May 2023
Counsel for the Applicant C Lenehan SC and T Reilly
Solicitor for the Applicant Australian Government Solicitor
Counsel for the First Respondent R Chia
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