Federal Court of Australia
Federal Court of Australia
CGX20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2020] FCA 1842 File number: WAD 130 of 2020
Judgment of: COLVIN J
Date of judgment: 22 December 2020
Catchwords: MIGRATION - application for judicial review of decision of the Administrative Appeals Tribunal - where Tribunal affirmed decision by delegate of Minister not to revoke cancellation of visa - whether Tribunal erred by taking into account irrelevant consideration - where Direction 79 requires decision-maker to consider impact on members of Australian community of decision not to revoke cancellation of visa - where Tribunal framed consideration in terms of impact of decision to revoke cancellation - whether Tribunal engaged in double counting by considering same types of matters under primary consideration and other considerations - whether Tribunal's decision was unreasonable, illogical or irrational - whether finding by Tribunal that no impediment to applicant maintaining contact with children through electronic means was irrational - whether Tribunal erred in finding no evidence of impact of applicant's removal from Australia - whether unreasonable to consider unfair conduct of applicant's ex-wife as reason why best interests of children not served by revocation of cancellation - application dismissed
Legislation: Migration Act 1958 (Cth) ss 499, 501, 501CA
Cases cited: ABT v Minister for Immigration and Border Protection [2020] HCA 34 CGX20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1441 HVLC v Minister for Home Affairs [2019] FCA 616 HVLC v Minister for Home Affairs [2019] FCAFC 204; (2019) 272 FCR 538 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; (2016) 237 FCR 1 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116; (2018) 263 FCR 531 Vo v Minister for Home Affairs [2019] FCAFC 108; (2019) 269 FCR 566 Williams v Minister for Immigration and Citizenship [2013] FCA 702
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