Federal Court of Australia
Federal Court of Australia
CRNL v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 138 Appeal from: CRNL v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 252
File number: WAD 89 of 2023
Judgment of: COLVIN, STEWART AND JACKSON JJ
Date of judgment: 22 August 2023
Catchwords: MIGRATION – appeal – Direction No. 90 – whether Tribunal took the "other considerations" into account – whether Tribunal engaged in required evaluative exercise of weighing or balancing the considerations identified as being relevant to the decision whether there is "another reason" to revoke the cancellation of the appellant's visa – failure of Tribunal to carry out statutory task – appeal allowed
Legislation: Migration Act 1958 (Cth) ss 499, 501(3A), 501(6)(a), 501(7)(c), 501CA(4), 501CA(4)(b)(ii)
Cases cited: FHHM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 19 Navoto v Minister for Home Affairs [2019] FCAFC 135 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 400 ALR 417
Division: General Division
Registry: Western Australia
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 45
Date of hearing: 9 August 2023
Counsel for the Appellant: Ms S Tully and Mr R Reynolds
Counsel for the First Respondent: Ms C Taggart
Solicitor for the First Respondent: Sparke Helmore Lawyers
Counsel for the Second Respondent: The Second Respondent did not appear
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