EUF20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 130

Federal Court of Australia EUF20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 130 Appeal from: EUF20 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1349

File number(s): NSD 1089 of 2022

Judgment of: ABRAHAM, O'SULLIVAN AND RAPER JJ

Date of judgment: 15 August 2023

Catchwords: MIGRATION – s 501(3) of the Migration Act 1958 (Cth) – where the Minister determined to exercise his discretion to cancel the appellant's visa – where the primary judge dismissed the application for judicial review of the Minister's decision – whether the Minister failed to consider whether to consider unsolicited material provided by the appellant – whether the Minister had acted unreasonably or illogically in making the decision where he was in possession of new information and without considering whether to consider or alternatively without considering that new information – whether the primary judge erred in finding that certain of the Minister's findings and conclusions were open or understood on the evidence HELD – appeal dismissed

Legislation: Migration Act 1958 (Cth)

Cases cited: Assistant Minister for Immigration and Border Protection v Splendido [2019] FCAFC 132; (2019) 271 FCR 595 Australian Postal Corporation v D'Rozario [2014] FCAFC 89; (2014) 222 FCR 303 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; (2017) 252 FCR 352 Chamoun v Minister for Immigration, Citizenship, Migration Services and Multicultural Affairs [2020] FCAFC 66; (2020) 276 FCR 75 Chetcuti v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1758 Chetcuti v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 98; (2021) 288 FCR 657 D'Amore v Independent Commission Against Corruption [2013] NSWCA 187; (2013) 303 ALR 242 EUF20 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1349 EUF20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 436 Foster v Minister for Customs and Justice [2000] HCA 38; (2000) 200 CLR 442 Guclukol v Minister for Home Affairs [2020] FCAFC 148; (2020) 279 FCR 611 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; (2018) 267 FCR 628 Hooton v Minister for Home Affairs [2018] FCAFC 142; (2018) 264 FCR 517 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Minister for Home Affairs v DUA16 [2020] HCA 46; (2020) 271 CLR 550 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 264 CLR 541 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; (2004) 207 ALR 12 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41; (2021) 395 ALR 403 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 400 ALR 417 Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50; (2015) 258 CLR 173 Plaintiff S156/2013 v Minister for Immigration and Border Protection [2014] HCA 22; (2014) 254 CLR 28 Stevens v Minister for Immigration and Border Protection [2016] FCA 1280; (2016) 153 ALD 346 SZNKV v Minister for Immigration and Citizenship [2010] FCA 56; (2010) 118 ALD 232 Vargas v Minister for Home Affairs [2021] FCA 276 Vargas v Minister for Home Affairs [2021] FCAFC 162; (2021) 286 FCR 387