Hong v Minister for Immigration and Border Protection [2018] FCA 1085

FEDERAL COURT OF AUSTRALIA

Hong v Minister for Immigration and Border Protection [2018] FCA 1085 File number: NSD 2203 of 2017

Judge: LEE J

Date of judgment: 20 July 2018

Catchwords: MIGRATION – judicial review of a non-revocation of a mandatory visa cancellation made pursuant to s 501(3A) of the Migration Act 1958 (Cth) – application made pursuant to s 401CA(4) of the Act for revocation of the mandatory visa cancellation – whether the Tribunal failed to consider a claim made by the applicant – whether the alleged claim was sufficiently raised on the material, evidence and submissions before the Tribunal – whether the decision was legally unreasonable – whether the Tribunal failed to give proper, genuine and realistic consideration to the applicant's claims – whether the Tribunal denied the applicant procedural fairness by failing to put its view of her use of an interpreter to her – no jurisdictional error identified – application dismissed

Legislation: Migration Act 1958 (Cth), ss 499, 501(3A), 501CA(4)

Cases cited: Applicant WAEE v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 Ayoub v Minister for Immigration and Border Protection [2015] FCAFC 83; (2015) 231 FCR 513 AYY17 v Minister for Immigration and Border Protection [2018] FCAFC 89 Bochenski v Minister for Immigration and Border Protection [2017] FCAFC 68; (2017) 250 FCR 209 Buadromo v Minister for Immigration and Border Protection [2017] FCA 1592 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; (2017) 252 FCR 352 Lee v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 464 Minister for Immigration and Ethnic Affairs v Liang (1996) 185 CLR 259 Muggeridge v Minister for Immigration and Border Protection [2017] FCAFC 200; (2017) 351 ALR 153 Sevdalis v Director of Professional Services Review [2017] FCAFC 9 SGBB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 709; (2003) 199 ALR 364 Swift v SAS Trustee Corporation [2010] NSWCA 182; (2010) 6 ASTLR 339 SZSHK v Minister for Immigration and Border Protection [2013] FCAFC 125; (2013) 138 ALD 26 University of Wollongong v Metwally (No 2) (1985) 59 ALJR 481