Federal Court of Australia
Federal Court of Australia
TNVP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 726 Appeal from: TNVP and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 5186
File number: NSD 43 of 2021
Judgment of: STEWART J
Date of judgment: 1 July 2021
Catchwords: MIGRATION – where applicant did not pass character test – whether there was "another reason" under s 501CA(4)(b)(ii) of the Migration Act 1958 (Cth) to revoke the cancellation of visa – application of Direction 79 – consideration of the impact on Australian business and victims – consideration of relocation within country of citizenship – whether COVID-19 representations properly considered by the Tribunal – consideration of non-revocation and non-refoulement obligations
Legislation: Migration Act 1958 (Cth) ss 501(3A), 501(6), 501(7)(c), 501CA(4), s 501CA(4)(b)(ii) Direction No 79 – Visa refusal and cancellation under s 501 and revocation of a mandatory cancellation of a visa under s 501CA
Cases cited: Ayoub v Minister for Immigration and Border Protection [2015] FCAFC 83; 231 FCR 513 BCR16 v Minister for Immigration and Border Protection [2017] FCAFC 96; 248 FCR 456 CGX20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 6 CRI028 v Republic of Nauru [2018] HCA 24; 356 ALR 50 Chan v Minister for Immigration and Ethnic Affairs [1989] HCA 62; 169 CLR 379 DKN20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 97 Dunasemant v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 128 FYBR v Minister for Home Affairs [2019] FCAFC 185; 272 FCR 454 Kumar v Minister for Immigration and Border Protection [2020] FCAFC 16; 274 FCR 646 Kwatra v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 58 Minister for Home Affairs v Omar [2019] FCAFC 188; 272 FCR 589 Singh v Minister for Home Affairs [2019] FCAFC 3; 267 FCR 200 SZATV v Minister for Immigration and Citizenship [2007] HCA 40; 233 CLR 18 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116; 263 FCR 531
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