Federal Court of Australia
Federal Court of Australia
EZA20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1775 File number: NSD 1026 of 2020
Judgment of: STEWART J
Date of judgment: 11 December 2020
Catchwords: MIGRATION – cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) – application for review of a decision of the Minister for Home Affairs declining to revoke the cancellation under s 501CA(4) – whether the Minister acted irrationally or illogically in various respects in finding that there was a risk that the applicant would reoffend – whether the Minister fell into jurisdictional error by making a finding in respect of the applicant's entitlement in Ireland to social security based on no evidence – whether critical finding – whether finding based on specialist or accumulated knowledge – application allowed
Legislation: Migration Act 1958 (Cth) ss 501(3A), 501CA
Cases cited: Ali v Minister for Home Affairs [2020] FCAFC 109; 380 ALR 393 Apollo Shower Screens Pty Ltd v Building and Construction Industry Long Service Payments Corp (1985) 1 NSWLR 561 Australasian Meat Industry Employees' Union v Fair Work Australia [2012] FCAFC 85; 203 FCR 389 Australian Postal Corporation v D'Rozario [2014] FCAFC 89; 222 FCR 303 Gaspar v Minister for Immigration and Border Protection [2016] FCA 1166; 153 ALD 338 Gedeon v Commissioner of the New South Wales Crime Commission [2008] HCA 43; 236 CLR 120 Hempenstall v Minister for Home Affairs [2020] FCA 686 Hempenstall v Minister for Home Affairs [2020] FCAFC 216 McLachlan v Assistant Minister for Immigration and Border Protection [2018] FCA 109 Minister for Immigration and Border Protection v Egan [2018] FCAFC 169; 261 FCR 451 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 246 CLR 421 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; 205 CLR 507 Minister for Immigration and Multicultural and Indigenous Affairs v VOAO [2005] FCAFC 50 Muin v Refugee Review Tribunal [2002] HCA 30; 190 ALR 601 Pennie v Minister for Home Affairs [2019] FCAFC 129 Schmidt v Minister for Immigration and Border Protection [2018] FCA 1162 SFGB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 213; 77 ALD 402 Soliman v University of Technology, Sydney [2012] FCAFC 146; 207 FCR 277 SZMWQ v Minister for Immigration and Citizenship [2010] FCAFC 97; 187 FCR 109 Uelese v Minister for Immigration and Border Protection [2016] FCA 348; 248 FCR 296 Viane v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 144 Webb v Minister for Home Affairs [2020] FCA 831 ZGWQ v Minister for Home Affairs [2019] FCA 1096
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