QKJY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 233

Federal Court of Australia

QKJY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 233 Review of: QKJY and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 2689

File number(s): VID 616 of 2020

Judgment of: ANDERSON J

Date of judgment: 23 March 2021

Catchwords: MIGRATION – Applicant is citizen of Sudan – Applicant has extensive criminal history – delegate of the Minister cancelled Applicant's visa – delegate of Minister decided not to revoke cancellation – Administrative Appeals Tribunal affirmed decision of delegate of the Minister not to exercise power to revoke the cancellation of the Applicant's visa MIGRATION – generalised grounds – alleged misapplication or misinterpretation of the law, alleged denial of procedural fairness and alleged failure to consider information of claim – no basis to find Tribunal's decision involved jurisdictional error – application dismissed

Legislation: Migration Act 1958 (Cth), ss 501(3A), 501(6), 501CA(4)

Cases cited: AXT19 v Minister for Home Affairs [2020] FCAFC 32 GBV18 v Minister for Home Affairs [2020] FCAFC 17 Hong v Minister for Immigration and Border Protection [2019] FCAFC 55 Minister for Immigration and Border Protection v DRP17 [2018] FCAFC 198 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216 Picard v Minister for Immigration and Border Protection [2015] FCA 1430 QKJY and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 2689