Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Webb v Minister for Home Affairs [2020] FCA 831 File number: VID 1059 of 2019
Judge: ANASTASSIOU J
Date of judgment: 15 June 2020
Catchwords: MIGRATION – mandatory cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) – decision not to revoke cancellation under s 501CA(4) of the Act – Minister failed to give proper, genuine and realistic consideration to representations made by the Applicant regarding the best interests of her children – Minister entitled to rely on common or general knowledge to find the Applicant would have access to medical and social services in the United Kingdom comparable with those in Australia – Minister failed to give proper, genuine and realistic consideration to the consequences for the Applicant if returned to United Kingdom – Minister's decision vitiated by jurisdictional error for being legally unreasonable
Legislation: Evidence Act 1995 (Cth), s 144 Migration Act 1958 (Cth), ss 467A, 501, 501C, 501CA
Cases cited: Anaki v Minister for Immigration [2018] FCA 77 Assistant Minister for Immigration and Border Protection v Splendido [2019] FCAFC 132 BSJ16 v Minister for Immigration (2017) 252 FCR 82 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; (2017) 252 FCR 352 Hands v Minister for Immigration and Border Protection [2018] FCA 662 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; 364 ALR 423 McLachlan v Assistant Minister for Immigration and Border Protection [2018] FCA 109 Minister for Home Affairs v Omar [2019] FCAFC 188; 373 ALR 56 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1; 329 ALR 491 Minister for Immigration and Citizenship v Le and Others (2007) 164 FCR 151 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332; 87 ALJR 618; 297 ALR 225; 139 ALD 181 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 83 ALJR 1123; 259 ALR 429; 111 ALD 15 Moorebank Recyclers Pty Ltd v Tanlane Pty Ltd [2018] NSWCA 304 Muggeridge v Minister for Immigration and Border Protection [2017] FCAFC 200; (2017) 255 FCR 81 Navoto v Minister for Home Affairs [2019] FCAFC 135 Nguyen v Minister for Immigration and Border Protection [2019] FCAFC 128 Parramatta City Council v Hale (1982) 46 LGRA 319 Pennie v Minister for Home Affairs [2019] FCAFC 129 Republic of Nauru v WET040 (No 2) [2018] HCA 60; 93 ALJR 102; 362 ALR 235 Schmidt v Minister for Immigration and Border Protection [2018] FCA 1162; 162 ALD 495 Secretary, Department of Family and Community Services v Verney [2000] FCA 570; 60 ALD 73 Uelese v Minister for Immigration and Border Protection [2016] FCA 348; (2016) 248 FCR 296 Vaokakala v Minister for Home Affairs [2019] FCA 1979 ZGWQ v Minister for Home Affairs [2019] FCA 1096
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