King v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 152

Federal Court of Australia

King v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 152 Appeal from: King v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1319

File number: WAD 248 of 2022

Judgment of: ANDERSON, FEUTRILL AND RAPER JJ

Date of judgment: 8 September 2023

Catchwords: MIGRATION - where mandatory cancellation of visa on character grounds - appeal of Administrative Appeals Tribunal affirmed a decision of a delegate not to revoke the cancellation - where an application for judicial review of the Tribunal's decision was dismissed by a judge of this Court - where appellant sought leave to raise appeal grounds not relied upon before the primary judge - whether, on the basis of new grounds, the Tribunal's reasoning was illogical, irrational or unreasonable or the Tribunal failed to evaluate the appellant's representations

Legislation: Migration Act 1958 (Cth) ss 189, 197C, 198, 476A(1)(b), 499(1), 499(2A), 500(1)(ba), 501(3A), 501(6), 501(7), 501CA, 501CA(3), 501CA(4), 501CA(4)(b)(ii)

Cases cited: BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94; (2018) 263 FCR 292 DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2; (2018) 258 FCR 175 Guttridge v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 229 FHHM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 19 LRMM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1039 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; (2014) 231 FCR 437 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; (2016) 237 FCR 1 Minister for Immigration and Border Protection v Sabharwal [2018] FCAFC 160 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 259 ALR 429 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Nathanson v Minister for Home Affairs [2022] HCA 26; (2022) 403 ALR 398 Nguyen v Minister for Immigration, Citizenship, Migrant Service and Multicultural Affairs [2020] FCA 985 O'Brien v Komesaroff [1982] HCA 33; (1982) 150 CLR 310 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 400 ALR 417 Tohi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 125; (2021) 285 FCR 187 Uelese v Minister for Immigration and Border Protection [2015] HCA 15; (2015) 256 CLR 203 Vaokakala v Minister for Home Affairs [2019] FCA 1979 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588