Federal Court of Australia
Federal Court of Australia
Minister for Immigration, Citizenship and Multicultural Affairs v JSMJ [2023] FCAFC 77 Appeal from: JSMJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 718
File number(s): QUD 245 of 2022
Judgment of: COLLIER, HALLEY AND MEAGHER JJ
Date of judgment: 25 May 2023
Catchwords: MIGRATION – appeal from decision of a single judge of Federal Court of Australia – where primary judge granted an application for judicial review of the Administrative Appeals Tribunal – where first respondent's visa was mandatorily cancelled under s 501CA(4) of the Migration Act 1958 (Cth) – whether primary judge erred in concluding that the Tribunal's finding that the first respondent was a Burundi citizen was not supported by evidence and was illogical and irrational – whether primary judge erred in concluding that the Tribunal misunderstood or misapplied s 500(6H) of the Migration Act 1958 (Cth) – whether the primary judge erred in concluding that the errors identified were material – appeal allowed MIGRATION – notice of contention – whether the Tribunal failed to properly evaluate representations – whether Tribunal failed to carry out a proper review – contentions not accepted
Legislation: Migration Act 1958 (Cth) ss 499(1), 500, 501(2), 501(3A), 501(7)(c), 501CA(4)
Cases cited: Ali v Minister for Home Affairs [2020] FCAFC 109; 278 FCR 627 AYY17 v Minister for Immigration and Border Protection [2018] FCAFC 89; 261 FCR 503 AZK15 v Minister for Immigration and Border Protection [2015] FCA 1444 DQM18 v Minister for Home Affairs [2020] FCAFC 110; 278 FCR 529 ECE21 v Minister for Home Affairs [2023] FCAFC 52 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; 267 FCR 628 Healey v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 188 Kwatra v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 194 Minister for Home Affairs v Buadromo [2018] FCAFC 151; 267 FCR 320 Minister for Home Affairs v Omar [2019] FCAFC 188; 272 FCR 589 Minister for Immigration and Border Protection v Sabharwal [2018] FCAFC 160 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 264 CLR 541 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Minister for Immigration, Citizenship and Multicultural Affairs v RGKY [2022] FCAFC 117 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41; 395 ALR 403 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v DOM19 [2022] FCAFC 21; 289 FCR 499 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 400 ALR 417 Uelese v Minister for Immigration and Border Protection [2015] HCA 15; 256 CLR 203
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