Federal Court of Australia
Federal Court of Australia
Nguyen v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 160 Appeal from: Nguyen v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 595
File number: NSD 771 of 2024
Judgment of: PERRAM, COLVIN AND ABRAHAM JJ
Date of judgment: 12 December 2024
Catchwords: MIGRATION - appeal from decision of primary judge dismissing application for review of decision of Administrative Appeals Tribunal refusing to revoke visa cancellation - whether primary judge erred in failing to find jurisdictional error by the Tribunal as to its consideration of best interests of the appellant's nephews - consideration of terms of Direction 99 and respects in which matters must be taken into account in reaching a decision whether to revoke visa cancellation - held matter to which there must be regard in reaching final decision is whether non-revocation is in the best interests of children affected by the decision - matters in s 4.4 of Direction 99 must be considered but are not themselves matters required to be taken into account in reaching a final decision as to revocation - primary judge correct to find no error in approach taken by the Tribunal - appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 499, 501, 501CA
Cases cited: Bettencourt v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 172; (2021) 287 FCR 294 ECE21 v Minister for Home Affairs [2023] FCAFC 52; (2023) 297 FCR 422 FHHM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 19 Fraser v Minister for Immigration and Border Protection [2014] FCA 1333 Jabari v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 98; (2023) 298 FCR 431 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 Minister for Immigration and Citizenship v Khadgi [2010] FCAFC 145; (2010) 190 FCR 248 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 275 CLR 582 Re Michael; Ex parte Epic Energy (WA) Nominees Pty Ltd [2002] WASCA 231; (2002) 25 WAR 511
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