Nguyen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 985

FEDERAL COURT OF AUSTRALIA

Nguyen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 985 Appeal from: Hiep The Nguyen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Administrative Appeals Tribunal, No 2019/7548, Orders dated 7 February 2019)

File number(s): VID 147 of 2020

Judge(s): MORTIMER J

Date of judgment: 15 July 2020

Catchwords: MIGRATION – review of decision of Administrative Appeals Tribunal not to revoke cancellation of applicant's visa – where agreed applicant failed character test – whether Tribunal complied with Direction No 79 – assessment of extent of impediments on return to country of nationality –– application allowed and Tribunal decision set aside

Legislation: Migration Act 1958 (Cth) ss 499, 501(3A), 501CA

Cases cited: Ashraf v Minister for Immigration and Border Protection [2018] FCAFC 50; 261 FCR 97 Chamoun v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 66 FKP18 v Minister for Immigration and Border Protection [2018] FCA 1555 GBV18 v Minister for Home Affairs [2020] FCAFC 17 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; 267 FCR 628 Kim v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 538 McDonald v Director General of Social Security [1984] FCA 59; 1 FCR 354 Minister for Home Affairs v Omar [2019] FCAFC 188; 373 ALR 569 One Key Workforce v CFMEU [2018] FCAFC 77; 262 FCR 527 PQSM v Minister for Home Affairs [2019] FCA 1540 Suleiman v Minister for Immigration and Border Protection [2018] FCA 594 SZQYM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 779 VKTT v Minister for Home Affairs [2019] FCA 1018 XFKR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 323