Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
XRXL v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 813 Appeal from: Application for judicial review of XRXL and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] AATA 5984
File number: NSD 77 of 2020
Judge: BROMWICH J
Date of judgment: 11 June 2020
Catchwords: MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal not to revoke the cancellation of the applicant's permanent resident visa – jurisdictional error – whether the Tribunal erred in its application of the principle that a person seeking to have revoked the mandatory cancellation of a visa on character grounds arising from a criminal conviction and sentence cannot rely upon "another reason" for that revocation that is factually inconsistent with the basis for the conviction or sentence, following HZCP v Minister for Immigration and Border Protection [2019] FCAFC 202 – application dismissed
Legislation: Customs Act 1901 (Cth) s 233BAA(4) Migration Act 1958 (Cth) ss 501(3A) and 501CA
Cases cited: HZCP v Minister for Immigration and Border Protection [2019] FCAFC 202 HZCP v Minister for Immigration and Border Protection [2018] FCA 1803 R v Olbrich [1999] HCA 54; 199 CLR 270 Secretary to the Department of Justice and Regulation v LLG [2018] VSCA 155
Date of hearing: 28 May 2020
Registry: New South Wales
Division: General Division
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