Federal Court of Australia
Federal Court of Australia
EXT20 v Minister for Home Affairs [2021] FCA 629 File number: VID 766 of 2020
Judgment of: O'BRYAN J
Date of judgment: 11 June 2021
Catchwords: MIGRATION – application for judicial review of decision of the Minister 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 – where the applicant made representations as to the risk of harm if returned to his country of nationality – where the Minister concluded that he was unable to make a finding about the applicant's claim to fear harm due to a lack of detail and supporting evidence – whether the Minister erred in failing to consider the applicant's claims – whether the Minister erred in failing to notify the applicant that a reason for rejecting the claims may be the lack of elaboration and substantiation of the claims – application dismissed
Legislation: Migration Act 1958 (Cth) ss 476A, 500, 501, 501CA, 501G Migration Regulations 1994 (Cth) reg 2.52
Cases cited: Ashraf v Minister for Immigration (2018) 261 FCR 97 Bale v Minister for Immigration [2020] FCA 646 BCR16 v Minister for Immigration (2017) 248 FCR 456 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 DQM18 v Minister for Home Affairs (2020) 278 FCR 529 EVK18 v Minister for Home Affairs (2020) 274 FCR 598 Goundar v Minister for Immigration [2016] FCA 1203; 160 ALD 123 Guclukol v Minister for Home Affairs [2020] FCAFC 148 Hands v Minister for Immigration and Border Protection (2018) 267 FCR 628 Minister for Home Affairs v Omar (2019) 272 FCR 589 Minister for Immigration and Border Protection v WZARH (2015) 256 CLR 326 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; 83 ALJR 1123 Minister for Immigration v Maioha (2018) 267 FCR 643 Minister for Immigration v SZGUR (2011) 241 CLR 594 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CTB19 [2020] FCAFC 166 Navoto v Minister for Home Affairs [2019] FCAFC 135 Perera v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 403 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 Twist v Randwick Municipal Council (1976) 136 CLR 106 Walker v Minister for Home Affairs [2020] FCA 909
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate