Federal Court of Australia
Federal Court of Australia
DVDP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 567 Appeal from: DVDP and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 4671
File number(s): NSD 1353 of 2020
Judgment of: PERRY J
Date of judgment: 31 May 2021
Catchwords: MIGRATION – application for judicial review of decision of Administrative Appeal Tribunal affirming delegate's decision not to revoke mandatory cancellation of applicant's visa on character grounds – whether the Tribunal fell into jurisdictional error in failing to make finding about applicant's likely indefinite physical separation from family due to COVID-19 restrictions on overseas travel – where applicant contended that Tribunal should have had regard to matter due to specialist or accumulated knowledge despite the absence of specific submissions or representations – application dismissed
Legislation: Migration Act 1958 (Cth) ss 499, 501, 501CA
Cases cited: Chamoun v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 66; (2020) 276 FCR 75 EZA20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1775 JKPM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1293 Matthews v Minister for Home Affairs [2020] FCAFC 146 Minister for Home Affairs v Omar [2019] FCAFC 188; (2019) 272 FCR 589 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216; (2018) 267 FCR 643 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719; (1999) 93 FCR 220 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Muin v Refugee Review Tribunal [2002] HCA 30; (2002) 76 ALJR 966 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 NABE v Minister for Immigration and Multicultural Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 [2003] HCA 30; (2003) 77 ALJR 1165
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