BYW22 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 206

Federal Court of Australia

BYW22 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 206 Appeal from: BYW22 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 499

File number: VID 444 of 2023

Judgment of: LOGAN, SNADEN AND HESPE JJ

Date of judgment: 27 November 2023

Catchwords: MIGRATION – where the appellant appeals the dismissal of an application for the judicial review of a decision by a delegate of the Minister to cancel the appellant's refugee visa under s 501(3A) of the Migration Act 1958 (the Act) after being convicted and sentenced to imprisonment for two years – where the appellant made representations to the Minister to revoke the cancellation – where the Minister considered the request personally and decided not to revoke the cancellation under s 501C(4) of the Act – where the Court finds the Minister assimilated and addressed the appellant's submissions and was satisfied that 'other reasons' for revocation of cancellation were outweighed by the interests of protecting the community – no jurisdictional error – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 499, 501, 501C, 501CA

Cases cited: Attorney-General (NSW) v Quin (1990) 170 CLR 1 BYW22 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 499 Calvey v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 14 Collector of Customs v Pozzolanic (1993) 43 FCR 280 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088 Kumar v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 99 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane (2021) 274 CLR 398 Plaintiff M1/2021 v Minister for Home Affairs (2022) 400 ALR 417