Nguyen v Minister for Home Affairs [2021] FCA 155

Federal Court of Australia

Nguyen v Minister for Home Affairs [2021] FCA 155 Appeal from: Application for review of a migration decision of the Administrative Appeals Tribunal made on 20 December 2018

File number: VID 120 of 2019

Judgment of: SNADEN J

Date of judgment: 3 March 2021

Catchwords: MIGRATION –application for review of a decision of the Administrative Appeals Tribunal (AAT) – cancellation of visa on character grounds – AAT affirmed decision of the first respondent's delegate to refuse to revoke the cancellation of the applicant's visa – whether the AAT's decision was a product of jurisdictional error – whether AAT's decision not to revoke the cancellation of the visa bespoke legal unreasonableness – whether the AAT otherwise failed to exercise its jurisdiction properly – application dismissed

Legislation: Migration Act 1958 (Cth) – ss 476A, 496, 499, 500, 501 and 501CA

Cases cited: Abebe v The Commonwealth (1999) 197 CLR 510 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 BSJ16 v Minister for Immigration and Border Protection (2017) 252 FCR 82 CAR15 v Minister for Immigration and Border Protection (2019) 272 FCR 131 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 CTB19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 166 DQM18 v Minister for Home Affairs [2020] FCAFC 110 GBV18 v Minister for Home Affairs (2020) 274 FCR 202 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 Eden (2016) 240 FCR 158 Minister for Immigration and Border Protection v Sabharwal [2018] FCAFC 160 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 164 Navoto v Minister for Home Affairs [2019] FCAFC 135