Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mayes v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1036 Review of: Application for Judicial Review: Mayes and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 32
File number: WAD 18 of 2020
Judge: MCKERRACHER J
Date of judgment: 22 July 2020
Catchwords: MIGRATION – application for review of decision of the Administrative Appeals Tribunal not to revoke mandatory visa cancellation – cancellation of visa pursuant to s 501(3A) of the Migration Act 1958 (Cth) – failure to pass the character test under s 501(6) – whether there was 'another reason' to revoke cancellation under s 501CA(4) –whether Tribunal erred by taking into account evidence adduced from the applicant that was contrary to the findings of the sentencing judge in assessing the applicant's remorse – HZCP v Minister for Immigration and Border Protection [2019] FCAFC 202 considered – consideration of the requirement of materiality
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 40, 62, 62A, 63 Migration Act 1958 (Cth) ss 438, 499, 500(1)(ba), 501CA, 501CA(4), 501CA(4)(b)(i), 501CA(4)(b)(ii), 501(3A), 501(6)(a), 501(6)(e), 501(7)(c)
Cases cited: DNQ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 72 DQM18 v Minister for Home Affairs [2020] FCAFC 110 EVS17 v Minister for Immigration and Border Protection (2019) 268 FCR 299 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 HZCP v Minister for Immigration and Border Protection [2019] FCAFC 202 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Mouflih v Minister for Home Affairs [2019] FCA 1744 Paszkiewicz v Minister for Home Affairs [2019] FCAFC 198 PQSM v Minister for Home Affairs [2019] FCA 1540 Secretary to the Department of Justice and Regulation v LLF [2018] VSCA 155 XRXL v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 813
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