Federal Court of Australia
Federal Court of Australia
BVLD v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 6 File number: VID 527 of 2020
Judgment of: BEACH J
Date of judgment: 15 January 2021
Catchwords: MIGRATION – application for judicial review – cancellation of visa – substantial criminal record – failure to satisfy character test – decision not to revoke cancellation – s 501CA of the Migration Act 1958 (Cth) – no evidence ground – illogicality or irrationality ground – application dismissed
Legislation: Migration Act 1958 (Cth) ss 501, 501CA
Cases cited: DQM18 v Minister for Home Affairs [2020] FCAFC 110 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Viane v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 144 YKSB v Minister for Home Affairs [2020] FCA 476
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 82
Date of hearing: 1 December 2020
Counsel for the Applicant: Mr A White
Solicitor for the Applicant: Victoria Legal Aid
Counsel for the First Respondent: Mr N Wood
Solicitor for the First Respondent: HWL Ebsworth Lawyers
Counsel for the Second Respondent: The Second Respondent filed a submitting notice save as to costs
ORDERS VID 527 of 2020
BETWEEN: BVLD Applicant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS First Respondent
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