Federal Court of Australia
Federal Court of Australia
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Jokic [2020] FCA 1434 Appeal from: Jokic and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 279
File number: NSD 359 of 2020
Judgment of: JAGOT J
Date of judgment: 8 October 2020
Catchwords: MIGRATION – application for judicial review – exercise of power under s 501CA(4) of the Migration Act 1958 (Cth) – whether the Administrative Appeals Tribunal misconstrued or misapplied s 501CA(4) – jurisdictional error – obligation to consider a matter does not include an obligation to make a finding – application granted
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 33, 43(1)(c)(ii) Migration Act 1958 (Cth) ss 499, 501CA(4)
Cases cited: He v Minister for Immigration and Border Protection [2017] FCAFC 206; (2017) 255 FCR 41 Paerau v Minister for Immigration and Border Protection [2014] FCAFC 28; (2014) 219 FCR 504 Pelka v Secretary, Department of Families, Housing, Community Services & Indigenous Affairs [2008] FCAFC 92; (2008) 102 ALD 22 Pennie v Minister for Home Affairs [2019] FCA 489 Pennie v Minister for Home Affairs [2019] FCAFC 129 Taualii v Minister for Home Affairs [2019] FCA 2013
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
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