Federal Court of Australia
Federal Court of Australia
Guruge v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 630 Review of: Application for judicial review: Guruge and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 4670 (23 November 2020)
File number: VID 4 of 2021
Judgment of: O'BRYAN J
Date of judgment: 11 June 2021
Catchwords: MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal affirming the decision of the Minister's delegate refusing to revoke the cancellation of the applicant's visa under section 501(3A) Migration Act 1958 (Cth) – whether Tribunal failed to give appropriate weight to the primary consideration of the best interest of the minor child in Australia – whether Tribunal gave too much weight to the evidence supporting the primary consideration of the protection of the Australian Community – application dismissed
Legislation: Migration Act 1958 (Cth) ss 476A, 477A, 499, 500(1)(ba), 501, 501CA Federal Court Rules 2011 (Cth) r 31.22
Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 ARG15 v Minister for Immigration and Border Protection (2016) 250 FCR 109 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 Craig v South Australia (1995) 184 CLR 163 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Kirk v Industrial Court (NSW) (2010) 239 CLR 531 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs; ex parte Applicant S20/2002 [2003] HCA 30; 198 ALR 59 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; 207 ALR 12 Minister for Immigration v Eshetu (1999) 197 CLR 611 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 Singh v Minister for Home Affairs (2019) 267 FCR 200
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