Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
HWLJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1039 Appeal from: Application for judicial review: Administrative Appeals Tribunal decision delivered on 21 October 2019 by Senior Member B J Illingworth
File number: NSD 1966 of 2019
Judge: ABRAHAM J
Date of judgment: 22 July 2020
Catchwords: MIGRATION – Visa cancellation - review of decision of Administrative Appeals Tribunal not to revoke cancellation – where applicant failed character test – whether there was another reason to revoke the cancellation – whether the Tribunal is permitted to impugn the essential facts giving rise to the power to cancel the applicant's visa – where the Tribunal failed to meaningfully engage with the evidence and submissions when assessing the impediments on return to country of nationality – application allowed and Tribunal decision set aside
Legislation: Criminal Code Act 1924 (Tas) s 385A Migration Act 1958 (Cth) ss 501, 501CA
Cases cited: Applicant WAEE v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 DCC18 v Minister for Immigration [2020] FCA 395 DQM18 v Minister for Home Affairs [2020] FCAFC 110 EGH19 v Minister for Home Affairs [2020] FCA 692 EVK18 v Minister for Home Affairs [2020] FCAFC 49 GBV18 v Minister for Home Affairs [2020] FCAFC 17 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 HZCP v Minister for Immigration [2019] FCAFC 202 Inglewood Olive Processes Ltd v Chief Executive Officer of Customs [2005] FCAFC 101 Minister for Immigration v Ali [2000] FCA 1385; (2000) 106 FCR 313 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Citizenship v SZNPG [2010] FCAFC 51 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Nguyen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 985 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 [2003] HCA 30; (2003) 77 ALJR 1165
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