Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
XMBQ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2134 Review of: XMBQ v Minister for Home Affairs [2019] AATA 785
File number(s): VID 530 of 2019
Judge(s): DAVIES J
Date of judgment: 19 December 2019
Catchwords: MIGRATION – request for revocation of mandatory visa cancellation under s 501CA(4) of the Migration Act 1958 (Cth) – where the respondent claimed harm if he were returned to his country of origin on account of the treatment afforded to people with mental illness and cognitive impairment – Tribunal's failure to engage in active intellectual process with representations – application of Minister for Home Affairs v Omar [2019] FCAFC 188 – appeal allowed
Legislation: Migration Act 1958 (Cth) ss 501(3A), 501(6), 501CA(3), 501CA(4)
Cases cited: Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Minister for Home Affairs v Omar [2019] FCAFC 188 Navoto v Minister for Home Affairs [2019] FCAFC 135 SYLN v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1986
Date of hearing: 9 December 2019
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
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