Federal Court of Australia
Federal Court of Australia
EWV20 as litigation representative for AFF20 v Minister for Home Affairs (No 3) [2021] FCA 866 File number(s): NSD 726 of 2020
Judgment of: GRIFFITHS J
Date of judgment: 29 July 2021
Catchwords: MIGRATION – visa cancellation decision under s 501(3)(b) of the Migration Act 1958 (Cth) – whether Minister failed to give proper, genuine and realistic consideration – fact-dependent enquiry – where Minister provided with relevant materials two days before making decision – whether Jones v Dunkel applies to Minister's failure to give evidence – where Minister answered interrogatories – application dismissed
Legislation: Evidence Act 1995 (Cth) s 97 Migration Act 1958 (Cth) ss 501(2), 501(3), 501C
Cases cited: Blatch v Archer (1774) 1 Cowp 63 Burgess v Minister for Immigration and Border Protection [2018] FCA 69; 259 FCR 197 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 Chetcuti v Minister for Immigration and Border Protection [2019] FCAFC 112; 270 FCR 335 CMU16 v Minister for Immigration and Border Protection [2020] FCAFC 104; 277 FCR 201 Commonwealth v Fernando [2012] FCAFC 18; 200 FCR 1 Graham v Minister for Immigration and Border Protection [2017] HCA 33; 263 CLR 1 Jones v Dunkel (1959) 101 CLR 298 Minister for Immigration v Jia Legeng [2001] HCA 17; 205 CLR 507
Division: General Division
Registry: New South Wales
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