Federal Court of Australia
Federal Court of Australia
JNMK v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 762 Review of: JNMK and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 26
File number: WAD 55 of 2021
Judgment of: COLVIN J
Date of judgment: 6 July 2021
Catchwords: MIGRATION - application for judicial review of decision by the Administrative Appeals Tribunal - where Tribunal affirmed decision of delegate of Minister to refuse to grant visa - where applicant convicted of drink-driving, driving without licence and dangerous driving offences - where applicant subsequently convicted of further offences of drink-driving and driving without licence - whether Tribunal erred by misconstruing or misapplying Direction 79 - whether Tribunal found moderate likelihood of re-offending by drink-driving - whether Tribunal concluded such re-offending could have tragic consequences - application dismissed
Legislation: Migration Act 1958 (Cth) ss 499, 501
Cases cited: PQSM v Minister for Home Affairs [2020] FCAFC 125; (2020) 279 FCR 175 RQRP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 266
Division: General Division
Registry: Western Australia
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 48
Date of hearing: 1 July 2021
Counsel for the Applicant: Mr PD Lochore
Solicitor for the Applicant: Forbes Kirby Lawyers And Consultants
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