Federal Court of Australia
Federal Court of Australia
XSLJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1138 Appeal from: XSLJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 939 (14 April 2021)
File number: NSD 399 of 2021
Judgment of: HALLEY J
Date of judgment: 22 September 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) (Act) – decision not to revoke cancellation pursuant to s 501CA(4) of the Act – where primary 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 and extent of impediments if removed – procedural fairness – no evidence – misunderstanding of applicable law – irrationality, illogicality and/or unreasonableness – materiality – application for judicial review dismissed.
Legislation: Migration Act 1958 (Cth) ss 476A, 501, 501CA Minister for Immigration, Citizenship and Multicultural Affairs (Cth), Direction no. 79 – Visa refusal and cancellation under s501 and revocation of a mandatory cancellation of a visa under s501CA
Cases cited: Applicants M1015/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1309 ARG15 v Minister for Immigration and Border Protection (2016) 250 FCR 109; [2016] FCAFC 174 Australian Postal Corporation v D'Rozario (2014) 222 FCR 303; [2014] FCAFC 89 Bale v Minister for Immigration, Migrant Services and Multicultural Affairs [2020] FCA 646 BZD17 v Minister for Immigration and Border Protection (2018) 263 FCR 292; [2018] FCAFC 94 CGA15 v Minister for Home Affairs (2019) 268 FCR 362; [2019] FCAFC 46 CNY17 v Minister for Immigration and Border Protection (2019) 268 CLR 76; [2019] HCA 50 Craig v The State of South Australia (1995) 184 CLR 163; [1995] HCA 58 DAO16 v Minister for Immigration and Border Protection (2018) 258 FCR 175; [2018] FCAFC 2 DQM18 v Minister for Home Affairs (2020) 278 FCR 529; [2020] FCAFC 110 FCFY v Minister for Home Affairs (No 2) [2019] FCA 1990 FYBR v Minister for Home Affairs (2019) 272 FCR 454; [2019] FCAFC 185 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123; [2018] HCA 34 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; [2019] HCA 3 Minister for Immigration and Border Protection v WZARH (2015) 256 CLR 326; [2015] HCA 40 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611; [2010] HCA 16 Minister for Immigration and Citizenship v SZQKB (2012) 133 ALD 495; [2012] FCA 1189 Minister for Immigration and Citizenship v SZRKT and Another (2013) 212 FCR 99; [2013] FCA 317 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 Navoto v Minister for Home Affairs [2019] FCAFC 135 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1; [2003] HCA 6 R v Ibrahim (unreported, New South Wales Court of Criminal Appeal, Sully J and Bell AJ, 4 September 1996) SFGB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 231 SZOOR v Minister for Immigration and Citizenship (2012) 202 FCR 1; [2012] FCAFC 58
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