Federal Court of Australia
Federal Court of Australia
EUF19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1800 Appeal from: EUF19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 912
File number: NSD 563 of 2020
Judgment of: THAWLEY J
Date of judgment: 15 December 2020
Catchwords: MIGRATION – appeal from orders of Federal Circuit Court of Australia dismissing application for judicial review of Administrative Appeals Tribunal decision – whether Tribunal took into account mitigating factors put by the appellant as relevant as circumstances in which the ground for cancellation arose in accordance with Direction No 63 – held that Tribunal did not take the mitigating factors into account and that the Federal Circuit Court erred in failing so to conclude – appeal allowed
Legislation: Migration Act 1958 (Cth) ss 116(1)(g), 499 Migration Regulations 1994 (Cth) reg 2.43(1)(p) Mental Health Act 2016 (Qld) Penalties and Sentences Act 1992 (Qld) s 12 Direction No 63 Bridging E visas, Cancellation under section 116(1)(g) – Regulation 2.43(1)(p) or (q)
Cases cited: EUF19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 912 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Uelese v Minister for Immigration and Border Protection (2015) 256 CLR 203
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