Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pewhairangi v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 94 Appeal from: Pewhairangi v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1322
File number(s): NSD 1429 of 2023
Judgment of: WIGNEY, HALLEY AND DOWLING JJ
Date of judgment: 15 July 2024
Catchwords: MIGRATION – visas – cancellation – where appellant convicted of criminal offences and sentenced to term of imprisonment – appeal from orders of a judge of the Federal Court of Australia dismissing an application for judicial review – where appellant's visa was cancelled under s 501(3A) of the Migration Act 1958 (Cth) – where the Administrative Appeals Tribunal affirmed the delegate's decision – whether the Tribunal erred in applying Direction 90 – whether the Tribunal failed to consider a mandatory consideration – whether the appellant clearly articulated health issues as an impediment to return – whether the Tribunal properly weighed the protection of the Australian community – application dismissed
Legislation: Migration Act 1958 (Cth) ss 499, 501, 501CA. Direction No 90 — Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA (8 March 2021)
Cases cited: Comcare v Davies [2008] FCA 393; (2008) 48 AAR 291 DBWG v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCAFC 3; (2024) 301 FCR 344 LRMM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1039 Mailau v Minister from Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 12 MBJY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 11; (2021) 284 FCR 152 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Mukiza [2022] FCAFC 89; (2022) 291 FCR 568 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 O'Brien v Komesaroff [1982] HCA 33; (1982) 150 CLR 310 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 275 CLR 582 VAUX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588 Viane v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] HCA 41; (2021) 274 CLR 398
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