Federal Court of Australia
Federal Court of Australia
Jama v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 148 Appeal from: Jama v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 263
File number(s): WAD 93 of 2023
Judgment of: MARKOVIC, SARAH C DERRINGTON, FEUTRILL JJ
Date of judgment: 7 September 2023
Catchwords: MIGRATION – appeal from dismissal of application for judicial review of decision of Administrative Appeal Tribunal affirming revocation decision pursuant to s 501(3A) of the Migration Act 1958 (Cth) – where Tribunal weighed appellant's criminal conduct against strength, nature and duration of appellant's ties to Australia – whether Tribunal "double-counted" appellant's offending by weighing it again against an already discounted consideration – whether Tribunal misconstrued para 14.2 of Direction 79
Legislation: Migration Act 1958 (Cth) ss 499(1), 499(2A), 501(1), 501(3A), 501(6)(a), 501(7)(c), 501CA(4)
Cases cited: Ali v Minister for Home Affairs [2018] FCA 1895 BOE21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 99
Division: General Division
Registry: Western Australia
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 36
Date of hearing: 29 August 2023
Counsel for the Appellant: Dr A McBeth & Mr J Barrington (pro bono)
Solicitor for the Appellant: Russell Kennedy Lawyers
Counsel for the First Respondent: Mr D McDonald-Norman
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