Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Taualii v Minister for Home Affairs [2019] FCA 2013 File number(s): VID 920 of 2018
Judge(s): ANDERSON J
Date of judgment: 4 December 2019
Catchwords: MIGRATION – application for judicial review of decision by Minister for Home Affairs under s 501CA(4) of the Migration Act 1958 (Cth) – where Minister decided not to revoke cancellation of applicant's visa – whether Minister misconceived applicant's claims or made irrational finding by stating applicant's rehabilitation had "not been tested in the community" – whether Minister erroneously or irrationally found that applicant had not provided further details evidencing claim about future custody of his children – whether Minister failed to afford applicant procedural fairness by not seeking further information about applicant's medical conditions – whether Minister failed to give proper consideration to the personal hardship to the applicant because of the lesser standard of health and social services in Tonga Held: application for judicial review dismissed – no jurisdictional error committed by the Minister
Legislation: Migration Act 1958 (Cth) ss 501(2), 501(3A), 501(6)(a), 501(7)(c), 501CA(3)(b), 501CA(4), 501CA(4)(b)(i), 501CA(4)(b)(ii)
Cases cited: Afu v Minister for Home Affairs [2018] FCA 1311 BZD17 v Minister For Immigration and Border Protection [2018] FCAFC 94; 161 ALD 441 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 CGA15 v Minister for Home Affairs [2019] FCAFC 46 Chetcuti v Minister for Immigration and Border Protection [2019] FCAFC 112 DPP v Tangaloa & Ors [2014] VCC 36 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 Maioha v Minister for Immigration and Border Protection [2018] FCAFC 216 Minister for Home Affairs v Buadromo [2018] FCAFC 151; 362 ALR 48 Minister for Home Affairs v Omar [2019] FCAFC 188 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 93 ALJR 252; 363 ALR 599; 75 AAR 75; 163 ALD 38 Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; 243 CLR 164 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 Navoto v Minister for Home Affairs [2019] FCAFC 135 Pennie v Minister for Home Affairs [2019] FCA 489 Pennie v Minister for Home Affairs [2019] FCAFC 129 Tanielu v Minister for Immigration and Border Protection [2014] FCA 673; 225 FCR 424 Tickner v Chapman [1995] FCA 1726; 57 FCR 45 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116; 162 ALD 13
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