Craig v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 428

Federal Court of Australia

Craig v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 428 File number: VID 520 of 2020

Judgment of: YATES J

Date of judgment: 30 April 2021

Catchwords: MIGRATION – decision made under s 501CA of Migration Act 1958 (Cth) not to revoke a mandatory cancellation decision made under s 501(3A) – Class BF transitional (permanent) visa – absorbed person visa – whether there was another reason why the original mandatory cancellation decision should be revoked – whether the Minister's decision is affected by jurisdictional error – whether findings of fact were made on critical matters for which there was no evidence – whether the Minister was obliged to consider, separately, the fact that the applicant was the holder of an absorbed person visa

Legislation: Migration Act 1958 (Cth) ss 34, 501(2), 501(3A), 501(6)(a), 501(7)(c), 501BA, 501CA(3)(b), 501CA(4), 501F(3).

Cases cited: Candemir v Minister for Home Affairs [2019] FCAFC 33; 268 FCR1 Dunn v Minister for Immigration and Border Protection [2016] FCA 489 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom [2006] HCA 50; 228 CLR 566 R v Darron Victor Craig (unreported, District Court of South Australia, Judge Davison, NO.DCCRM-14-2079, 1 December 2017)

Division: General Division

Registry: Victoria

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 61