Federal Court of Australia
Federal Court of Australia
DGPZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1569 Appeal from: Application for judicial review from: DGPZ and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 115 (3 February 2020)
File number: VID 136 of 2020
Judgment of: MOSHINSKY J
Date of judgment: 30 October 2020
Catchwords: MIGRATION – mandatory cancellation of visa pursuant to s 501(3A) of the Migration Act 1958 (Cth) – application for revocation of cancellation decision – where the delegate decided not to revoke the cancellation decision – where the Administrative Appeals Tribunal affirmed the delegate's decision – whether the Tribunal failed to consider a substantial and clearly articulated submission – application for judicial review dismissed
Legislation: Migration Act 1958 (Cth), ss 36, 501, 501CA
Cases cited: AXT19 v Minister for Home Affairs [2020] FCAFC 32 BPL20 v Minister for Home Affairs [2020] FCA 1207 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 DFW18 v Minister for Home Affairs [2019] FCA 599 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 GBV18 v Minister for Home Affairs [2020] FCAFC 17 Minister for Home Affairs v Omar (2019) 272 FCR 589 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 Viane v Minister for Immigration and Border Protection (2018) 263 FCR 531
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