Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nguyen v Minister for Home Affairs [2020] FCA 127 Review of: Nguyen and Minister for Home Affairs [2019] AATA 370
File number: WAD 221 of 2019
Judge: BANKS-SMITH J
Date of judgment: 14 February 2020
Catchwords: MIGRATION - five year resident return visa - mandatory cancellation under s 501(3A) of Migration Act 1958 (Cth) - review of decision of Administrative Appeals Tribunal not to revoke mandatory cancellation - applicant imprisoned for drug offences - whether Tribunal failed to consider Parole Decision of Prisoners Review Board - where Parole Decision included assessment of risk to community - where Tribunal considered other evidence relevant to the applicant's risk of re-offending - where evidence supports inference that Tribunal overlooked Parole Decision - whether consideration of Parole Decision could realistically have resulted in different outcome - materiality - jurisdictional error disclosed - application allowed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 43 Migration Act 1958 (Cth) ss 476A, 499, 500, 501, 501CA Sentence Administration Act 2003 (WA) ss 5A, 20
Cases cited: Applicant in WAD531/2016 v Minister for Immigration and Border Protection [2018] FCAFC 213 Coker v Minister for Immigration and Border Protection [2017] FCA 929 ETA067 v The Republic of Nauru [2018] HCA 46 Franklin v The State of Western Australia [2017] WASCA 102 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802; (2001) 233 FCR 136 Minister for Home Affairs v Ogawa [2019] FCAFC 98 Minister for Immigration and Border Protection v CPA16 [2019] FCAFC 40 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; (2013) 230 FCR 431 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16 Navoto v Minister for Home Affairs [2019] FCA 295 Nguyen v Minister for Home Affairs [2019] FCA 892 Nigam v Minister for Immigration and Border Protection [2017] FCA 106 Williams v Minister for Immigration and Border Protection [2014] FCA 674; (2014) 226 FCR 112
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