Federal Court of Australia
Federal Court of Australia
Ngata v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 906 Appeal from: Ngata and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 376 (3 March 2021)
File number: NSD 291 of 2021
Judgment of: HALLEY J
Date of judgment: 6 August 2021
Catchwords: MIGRATION – cancellation of special category (subclass 444) visa of New Zealand citizen pursuant to s 501(3A) of the Migration Act 1958 (Cth) – decision not to revoke cancellation pursuant to s 501CA(4) of the Migration Act – where considerations of protection and expectations of the Australian community outweighed considerations of the best interests of minor children and the applicant's ties to the community – whether Administrative Appeals Tribunal (Tribunal) afforded applicant procedural fairness – whether Tribunal failed to have proper regard to material – whether Tribunal made material findings of fact without probative evidence – whether Tribunal decision was irrational or legally unreasonable – whether Tribunal misinterpreted or misapplied the applicable law – whether Tribunal gave genuine consideration to human consequences – application for review dismissed.
Legislation: Migration Act 1958 (Cth) ss 476A, 499, 501, 501CA Direction No. 79 – Visa refusal and cancellation under s501 and revocation of a mandatory cancellation of a visa under s501CA
Cases cited: Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 225 CLR 88; [2005] HCA 72 Hands v Minister for Immigration and Border Protection (2018) 267 FCR 628; [2018] FCAFC 225 Hunt v Minister for Home Affairs [2021] FCA 507 Kioa v West (1985) 159 CLR 550; [1985] HCA 81 Minister for Home Affairs v Buadromo (2018) 267 FCR 320; [2018] FCAFC 151 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611; [2010] HCA 16 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 Ngata v The Queen [2020] ACTCA 18 R v Ngata [2020] ACTSC 9
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