Federal Court of Australia
Federal Court of Australia
Kleinberg v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 402 Review of: Kleinberg and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 2941 (13 August 2020)
File number: WAD 209 of 2020
Judgment of: O'BRYAN J
Date of judgment: 22 April 2021
Catchwords: MIGRATION LAW – application for judicial review of decision of the Administrative Appeals Tribunal refusing to revoke mandatory cancellation of visa under section 501CA(4) of the Migration Act 1958 (Cth) – where applicant did not pass character test due to having a "substantial criminal record" under section 501(6)(a) Migration Act 1958 (Cth) – whether there was another reason why mandatory cancellation should be revoked – whether the Tribunal misunderstood or misapplied paragraph 13.1.1(1)(e) of Ministerial Direction 79 with respect to the trend of the applicant's criminal offending and thereby fell into jurisdictional error – whether the Tribunal's reasoning and conclusions with respect to paragraph 13.1.1(1)(e) of Ministerial Direction 79 were illogical – application dismissed
Legislation: Migration Act 1958 (Cth) ss 476A(1)(b), 476A(2), 499(1), 499(2A), 500(1)(ba), 501(3A), 501(6)(a), 501(7)(c), 501CA(4)
Cases cited: Baker v Minister for Immigration and Citizenship [2012] FCAFC 145 EHF17 v Minister for Immigration and Border Protection (2019) 272 FCR 409 Graham v Minister for Immigration & Border Protection (2017) 263 CLR 1 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Okoh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 84 Rokobatani v Minister for Immigration and Multicultural Affairs (1999) 90 FCR 583 Suleiman v Minister for Immigration and Border Protection [2018] FCA 594; 74 AAR 545 Uelese v Minister for Immigration (2015) 256 CLR 203 Wei v Minister for Immigration & Border Protection (2015) 257 CLR 22 YNQY v Minister for Immigration and Border Protection [2017] FCA 1466
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