Federal Court of Australia
Federal Court of Australia
Aitchison v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 357 Appeal from: Aitchison v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 2422
File number: VID 515 of 2020
Judgment of: WHITE J
Date of judgment: 15 April 2021
Catchwords: MIGRATION – review of a decision of the Administrative Appeals Tribunal to affirm a decision of the Minister's delegate under s 501CA of the Migration Act 1958 (Cth) – visa cancelled under s 501(3A) of the Act on grounds of substantial criminal record – whether jurisdictional error by the Tribunal in the use of statistics concerning recidivism in its consideration of the likelihood of the Applicant engaging in further criminal or other serious conduct – application dismissed.
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44(1) Migration Act 1958 (Cth) ss 476A, 499(1), 501, 501CA
Cases cited: Aitchison v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 2422 Amaca Pty Ltd v Ellis [2010] HCA 5; (2010) 240 CLR 111 BJB17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1683 FTZK v Minister for Immigration and Citizenship [2013] FCAFC 44; (2013) 211 FCR 158 Holland v Minister for Immigration and Border Protection [2018] FCA 554 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 Kura v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1478 Mataia v Minister for Immigration and Border Protection [2018] FCA 401 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 NWQR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1077 R v GK [2001] NSWCCA 413; (2001) 53 NSWLR 317 Singh v Minister for Immigration and Border Protection [2019] FCA 428 State Government Insurance Commission v Laube (1983) 37 SASR 32 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116; (2018) 263 FCR 531 ZYVZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 28
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