Federal Court of Australia
Federal Court of Australia
Reid v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 16 Appeal from: Reid v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1076
File number: SAD 134 of 2023
Judgment of: O'BRYAN, ABRAHAM AND SHARIFF JJ
Date of judgment: 29 February 2024
Catchwords: MIGRATION – appeal from decision to dismiss application for judicial review of visa cancellation decision pursuant to s 476A of the Migration Act 1958 (Cth) – whether primary judge erred by finding that Tribunal was not required to consider and take into account Ministerial Direction that had been issued but not yet commenced – whether primary judge erred by finding that Tribunal had properly applied "Tolerance Principle" – appeal dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 25 and 43 Migration Act 1958 (Cth) ss 476A, 499, 499(1), 499(2A), 500, 500(6L), 501(3A), 501CA Federal Court Rules 2011 (Cth) r 36.05(1) Ministerial Direction No 90 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA cll 2, 3, 5.2, 5.2(4), 8, 9, 9.4.1 Ministerial Direction No 99 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA cll 2, 3, 5.2(5), 8.3
Cases cited: BQL15 v Minister for Immigration and Border Protection [2018] FCAFC 104 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Frugtniet v Australian Securities and Investments Commission (2019) 266 CLR 250 FYBR v Minister for Home Affairs [2019] FCAFC 185; 272 FCR 454 M v Scottish Ministers [2012] UKSC 58; 1 WLR 3386 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Reid v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1076 Rokobatini v Minister for Immigration and Multicultural Affairs (1999) 90 FCR 583 Trout v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 583]
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