Federal Court of Australia
Federal Court of Australia
CLA20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1682 Appeal from: CLA20 v Minister For Immigration & Anor [2020] FCCA 1355
File number: QUD 169 of 2020
Judgment of: YATES J
Date of judgment: 20 November 2020
Catchwords: MIGRATION – cancellation of visa pursuant to s 109(1) of Migration Act 1958 (Cth) – where appellant provided incorrect information in his visa application concerning his identity – whether the Administrative Appeals Tribunal misunderstood the combined effect of s 198 and s 197C of the Migration Act when read together and consequently exercised its discretion erroneously
Legislation: Migration Act 1958 (Cth) ss 109, 107(1)(b), 140, 189(1) 197C, 198(5), 375A Migration Regulations 1994 (Cth) reg 2.41
Cases cited: CLA20 v Minister For Immigration & Anor [2020] FCCA 1355 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 34
Date of hearing: 11 November 2020
Counsel for the Appellant: Mr M Guo
Solicitor for the Appellant: Fisher Dore
Counsel for the First Respondent: Ms E Hoiberg
Solicitor for the First Respondent: Minter Ellison
Counsel for the Second Respondent: The Second Respondent filed a submitting notice.
ORDERS QUD 169 of 2020
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate