Federal Court of Australia
Federal Court of Australia
Jabari v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 98 Appeal from: Jabari v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 388
File number: WAD 88 of 2022
Judgment of: KATZMANN, JACKSON AND MCEVOY JJ
Date of judgment: 26 June 2023
Catchwords: MIGRATION - where the appellant claimed there was 'another reason' under s 501CA(4)(b)(ii) of Migration Act 1958 (Cth) to revoke the mandatory cancellation of his visa and the Administrative Appeals Tribunal affirmed the decision of the Minister's delegate not to revoke that decision - whether the primary judge erred in dismissing appellant's application for judicial review by failing to consider the likely impact on his children of separation from their father and/or by failing to consider his representations concerning the impediments he may face on returning to his country of nationality - whether any error material
Legislation: Migration Act 1958 (Cth) ss 499, 501, 501CA
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 Bettencourt v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 172; (2021) 287 FCR 294 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; (2017) 252 FCR 352 Dunasemant v Minister for Immigration, Citizenship, Migration Services and Multicultural Affairs [2022] FCAFC 13; (2022) 292 FCR 155 ECE21 v Minister for Home Affairs [2023] FCAFC 52 FHHM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 19 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216; (2018) 267 FCR 643 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; (2013) 212 FCR 99 Nathanson v Minister for Home Affairs [2022] HCA 26 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17 Savaiinaea v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 56 Singh v Minister for Home Affairs [2019] FCAFC 3; (2019) 267 FCR 200 SZTMD v Minister for Immigration and Border Protection [2015] FCA 150
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