Federal Court of Australia
Federal Court of Australia
BET20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1539 Appeal from: [BET20] and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 155
File number: NSD 313 of 2020
Judgment of: ABRAHAM J
Date of judgment: 23 October 2020
Catchwords: MIGRATION – Visa cancellation – review of decision of Administrative Appeals Tribunal not to revoke cancellation – where applicant failed character test – where ground of review not pressed – application dismissed PRACTICE AND PROCEDURE – Application to amend grounds of judicial review – where proposed amended grounds of judicial review lack merit – leave to amend refused
Legislation: Constitution Ch III, ss 106, 107 Corrections Act 1986 (Vic) s 74AA Federal Circuit Court of Australia Act 1999 (Cth) s 39 Federal Court Rules 2011 (Cth) r 8.21(1) Migration Act 1958 (Cth) ss 189, 196, 476, 476A, 501, 501CA Legal Profession Uniform Conduct (Barristers) Rules 2015 (NSW) r 29
Cases cited: AJL20 v Commonwealth of Australia [2020] FCA 1305 Azar v Minister for Immigration and Border Protection [2018] FCA 1175; (2018) 261 FCR 1 BNL20 v Minister for Home Affairs [2020] FCA 1180 Commonwealth of Australia v Okwume [2018] FCAFC 69; (2018) 263 FCR 604 Crump v New South Wales [2012] HCA 20; (2012) 247 CLR 1 Dye v Commonwealth Securities Ltd (No 2) [2010] FCAFC 118 Elliot v The Queen [2007] HCA 51; (2007) 234 CLR 38 Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22; (2007) 230 CLR 89 Fernando v Commonwealth of Australia [2014] FCAFC 181; (2014) 231 FCR 251 Guo v Commonwealth of Australia [2017] FCA 1355; (2017) 258 FCR 31 Kable v Director of Public Prosecutions (NSW) [1996] HCA 24; (1996) 189 CLR 51 Knight v Victoria [2017] HCA 29; (2017) 261 CLR 306 McHugh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 416 Melbourne Corporation v Commonwealth [1947] HCA 26; (1947) 74 CLR 31 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v PDWL [2020] FCA 394 Plaintiff M47/2018 v Minister for Home Affairs [2019] HCA 17; (2019) 265 CLR 285 Power v The Queen [1974] HCA 26; (1974) 131 CLR 623 Raibevu v Minister for Home Affairs [2020] FCAFC 35 SZSRR v Minister for Immigration and Border Protection [2017] FCA 328 The Queen v Shrestha [1991] HCA 26; (1991) 173 CLR 48 Uolilo v Minister for Home Affairs [2020] FCA 1135
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