Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DFW18 v Minister for Home Affairs [2019] FCA 599 Appeal from: DGPZ and Minister for Home Affairs (Migration) [2018] AATA 469
File number: VID 743 of 2018
Judge: STEWARD J
Date of judgment: 2 May 2019
Catchwords: MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal to affirm a decision not to revoke a visa cancellation – where applicant's visa cancelled on character grounds – whether Tribunal erred by constructively failing to exercise jurisdiction or failing to consider the applicant's claim – whether the Tribunal erred by failing to apply the correct test when assessing the risk posed to the Australian community – whether Tribunal failed to take into account a mandatory consideration when assessing the risk posed to the Australian community – whether the Tribunal erred by failing to take into account relevant considerations – whether the Tribunal erred by making findings not supported by any evidence
Legislation: Migration Act 1958 (Cth) ss 499, 501, 501CA
Cases cited: Ali v Minister for Immigration and Border Protection [2018] FCA 650 Applicant in WAD531/2016 v Minister for Immigration and Border Protection [2018] FCAFC 213 Ayoub v Minister for Immigration and Border Protection (2015) 231 FCR 513 BCR16 v Minister for Immigration and Border Protection (2017) 248 FCR 456 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Home Affairs v Buadromo [2018] FCAFC 151 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 Omar v Minister for Home Affairs [2019] FCA 279 Salahuddin v Minister for Immigration and Citizenship [2013] FCA 588 Schmidt v Minister for Immigration and Border Protection [2018] FCA 1162 SZTQP v Minister for Immigration and Border Protection (2015) 232 FCR 452
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