Federal Court of Australia
Federal Court of Australia
MQGT v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 141 Appeal from: MQGT v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 291
File number: WAD 100 of 2023
Judgment of: WHEELAHAN, JACKSON AND FEUTRILl jJ
Date of judgment: 22 August 2023
Catchwords: MIGRATION – appeal – where mandatory cancellation of appellant's Class XB Subclass 202 Global Humanitarian visa on character grounds – where the Administrative Appeals Tribunal affirmed a decision of a delegate of the Minister not to revoke the cancellation – where an application for judicial review of the Tribunal's decision was dismissed by a judge of the Court – where the appellant sought leave to raise on appeal grounds not relied upon before primary judge – new grounds alleged legal unreasonableness or irrationality in Tribunal's decision – leave refused as new grounds disclose insufficient merit – appeal dismissed
Legislation: Federal Court of Australia Act 1976 (Cth), s 37M Migration Act 1958 (Cth), s 499, s 501(3A), s 501CA(4) Direction No. 90, Migration Act 1958 (Cth), made 8 March 2021
Cases cited: Attorney-General (NSW) v Quin [1990] HCA 21; 170 CLR 1 Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 3; 289 FCR 21 FYBR v Minister for Home Affairs [2019] FCAFC 185; 272 FCR 454 Masi-Haini v Minister for Home Affairs [2023] FCAFC 126 Minister for Home Affairs v DUA16 [2020] HCA 46; 95 ALJR 54 Minister for Immigration and Border Protection v Eden [2016] FCAFC 28; 240 FCR 158 Minister for Immigration & Border Protection v SZVFW [2018] HCA 30; 264 CLR 541 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41; 274 CLR 398 MQGT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 215; 282 FCR 285 MQGT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 291 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; 207 ALR 12 O'Brien v Komesaroff [1982] HCA 33; 150 CLR 310 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 400 ALR 417 Tanielu v Minister for Immigration and Border Protection [2014] FCA 673; 225 FCR 424 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; 238 FCR 588 MQGT and Minister for Immigration, Citizenship and Multicultural Affairs (Migration) [2022] AATA 3228
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