Zyambo v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 545

Federal Court of Australia

Zyambo v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 545 Appeal from: Application for judicial review: Zyambo and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 2473

File number: QUD 270 of 2020

Judgment of: DERRINGTON J

Date of judgment: 25 May 2021

Catchwords: MIGRATION – visa cancelled on character grounds – whether any error in decision of Tribunal to refuse to revoke cancellation decision – whether decision-maker entitled to rely on same term of imprisonment which founded earlier cancellation of visa

Legislation: Migration Act 1958 (Cth) ss 501, 501CA

Cases cited: Ali v Minister for Home Affairs (2020) 380 ALR 393 Assistant Minister for Immigration and Border Protection v Splendido (2019) 271 FCR 595 CNN15 v Minister for Immigration and Border Protection [2017] FCA 579 CQG15 v Minister for Immigration & Border Protection (2016) 253 FCR 496 DAO16 v Minister for Immigration and Border Protection (2018) 258 FCR 175 EHF17 v Minister for Immigration and Border Protection (2019) 377 ALR 669 Gill v Minister for Immigration & Border Protection (2017) 250 FCR 309 Minister for Immigration and Border Protection v Makasa [2021] HCA 1 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Mouflih v Minister for Home Affairs (2019) 168 ALD 148 Muggeridge v Minister for Immigration and Border Protection (2017) 255 FCR 81 Ogbonna v Minister for Immigration and Border Protection (2018) 261 FCR 385 Palu v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1736