Federal Court of Australia
Federal Court of Australia
Dunasemant v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 128 Appeal from: Review of: Dunasemant v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 4239
File number: QUD 337 of 2020
Judgment of: KATZMANN J
Date of judgment: 24 February 2021
Catchwords: MIGRATION — application for judicial review of decision of Administrative Appeals Tribunal affirming decision of Minister's delegate not to exercise discretion under s 501CA(4) to revoke mandatory visa cancellation decision — where applicant did not pass the character test, whether Tribunal failed to take into account effect of non-revocation on applicant's mother when determining if it was satisfied there was "another reason" to revoke cancellation decision — where there was a paucity of evidence on the question, whether failure to take effect of non-revocation into account was material and therefore amounted to jurisdictional error
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 43(2B) Migration Act 1958 (Cth) ss 430, 499, 501, 501CA Migration Regulations 1994 (Cth) r 444.511
Cases cited: AEM20 v Minister for Home Affairs [2020] FCA 623 AYY17 v Minister for Immigration and Border Protection (2018) 261 FCR 503 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; 373 ALR 196 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 Chamoun v Minister of Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 276 FCR 75 DNQ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 275 FCR 517 DQM18 v Minister for Home Affairs [2020] FCAFC 110 Hands v Minister for Immigration and Border Protection (2018) 267 FCR 628 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Minister for Home Affairs v Buadromo (2018) 267 FCR 320 Minister for Home Affairs v Omar (2019) 272 FCR 589 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Citizenship v Yusuf (2001) 206 CLR 324 Okoh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 84 PQSM v Minister for Home Affairs [2019] FCA 1540 PQSM v Minister for Home Affairs [2020] FCAFC 125; 382 ALR 195 Singh v Minister for Home Affairs (2019) 267 FCR 200
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