Federal Court of Australia
Federal Court of Australia
Nguyen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 769 File number: VID 62 of 2021
Judgment of: MOSHINSKY J
Date of judgment: 8 July 2021
Catchwords: MIGRATION – mandatory cancellation of visa – request for revocation of cancellation decision – where delegate decided not to revoke cancellation decision – where Administrative Appeals Tribunal affirmed delegate's decision – whether Tribunal fell into error by preferring its own view of risk of recidivism to the evidence of psychologist – application dismissed
Legislation: Migration Act 1958 (Cth), ss 501, 501CA
Cases cited: Minister for Home Affairs v Omar (2019) 272 FCR 589 Navoto v Minister for Home Affairs [2019] FCAFC 135
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 29
Date of hearing: 24 June 2021
Counsel for the Applicant: The applicant appeared in person with the assistance of an interpreter
Counsel for the First Respondent: Mr M Hosking
Solicitor for the First Respondent: Sparke Helmore
Counsel for the Second Respondent: The second respondent did not appear save as to costs
ORDERS VID 62 of 2021
BETWEEN: TRUNG KIEN NGUYEN Applicant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
order made by: MOSHINSKY J DATE OF ORDER: 8 JULY 2021
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