Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kim v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 583 Review of decision from: Administrative Appeals Tribunal made on 23 October 2019
File number: NSD 1890 of 2019
Judge: GLEESON J
Date of judgment: 1 May 2020
Catchwords: MIGRATION – cancellation of Class BB Subclass 155 (Five Year Resident Return) visa on character grounds - application for review from Administrative Appeals Tribunal – whether Tribunal failed to take into account a relevant consideration – where applicant suffers health problems - whether Tribunal failed to address applicant's health problems in considering the extent of impediments that applicant may face if removed from Australia – where matter remitted to Tribunal for re-determination according to law
Legislation: Migration Act 1958 (Cth) ss 499, 501(3A), 501CA(4)
Cases cited: Applicant WAEE v MIMA [2003] FCAFC 184; (2003) 236 FCR 593 Minister for Home Affairs v Buadromo [2018] FCAFC 151; (2018) 267 FCR 320 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Citizenship v Buadromo [2012] FCAFC 101
Date of hearing: 31 March 2020
Date of last submissions: 9 April 2020 (Applicant) 27 March 2020 (First Respondent)
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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