Dzik v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1794

Federal Court of Australia

Dzik v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1794 Review of: Application for judicial review of the Administrative Appeals Tribunal decision delivered on 3 September 2020 by Member Rebecca Bellamy

File number: QUD 289 of 2020

Judgment of: RANGIAH J

Date of judgment: 16 December 2020

Catchwords: MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal to affirm decision of Minister not to revoke mandatory visa cancellation – where a previous cancellation had been revoked – whether Tribunal was required to treat previous revocation decision as final and conclusive – whether Tribunal failed to take into account previous revocation decision – whether failure to take into account was legally unreasonable – application dismissed

Legislation: Migration Act 1958 (Cth) ss 474, 476A, 499, 500, 501 and 501CA

Cases cited: Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Pitcher v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 999

Division: General Division

Registry: Queensland

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 49

Date of hearing: 25 November 2020

Counsel for the Applicant: Mr J McComber

Solicitor for the Applicant: Sentry Law

Counsel for the First Respondent: Mr J Byrnes

Solicitor for the First Respondent: Sparke Helmore

Counsel for the Second Respondent: The Second Respondent filed a submitting notice