Federal Court of Australia
Federal Court of Australia
Garland v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 144 Appeal from: Garland v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 247
File number: WAD 72 of 2023
Judgment of: STEWART, FEUTRILL AND HESPE JJ
Date of judgment: 25 August 2023
Catchwords: MIGRATION – appeal – whether leave to argue new grounds ought be granted – Direction No. 90 – whether Tribunal misconstrued the phrase "vulnerable members of the community" in para 8.4(2)(c) of the Direction – whether Tribunal's error material – where Tribunal concluded the appellant engaged in "violent and serious" conduct and that the expectation of the Australian community "weighs strongly" against revocation and that the factors against revocation "significantly outweigh" the factors for revocation – whether Tribunal had regard to irrelevant considerations – where appeal ground framed in new manner at hearing – where statute confers a broad discretion on decision-maker – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 476A(1)(b), 499(1), 499(2A), 501(3A), 501(6), 501CA(4), 501CA(4)(b)(ii)
Cases cited: BOE21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 99 Coulton v Holcombe [1986] HCA 33; 162 CLR 1 FHHM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 19 Frigger v Trenfield (No 3) [2023] FCAFC 49 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 64 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 Minister for Immigration, Citizenship and Multicultural Affairs v HSRN [2023] FCAFC 68 Murphyores Inc Pty Ltd v Commonwealth [1976] HCA 20; 136 CLR 1 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 273 CLR 506 Nathanson v Minister for Home Affairs [2022] HCA 26; 403 ALR 398 O'Brien v Komesaroff [1982] HCA 33; 150 CLR 310 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 400 ALR 417 Seymour v Commissioner of Taxation [2016] FCAFC 18; 241 FCR 361 Uelese v Minister for Immigration and Border Protection [2015] HCA 15; (2015) 256 CLR 203 Water Board v Moustakas [1988] HCA 12; 180 CLR 491
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