Federal Court of Australia
Federal Court of Australia
Nahi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1169 Appeal from: Nahi and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 209 (10 February 2021)
File number: WAD 63 of 2021
Judgment of: HALLEY J
Date of judgment: 29 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) – decision not to revoke cancellation pursuant to s 501CA(4) of the Migration Act – where Tribunal held there was insufficient evidence to determine whether best interests of any minor children weighed favourably or unfavourably on revocation decision – whether failure to perform statutory task – whether duty to make further inquiries regarding critical facts – materiality – application dismissed
Legislation: Migration Act 1958 (Cth) s 476A, 500, 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: Allesch v Maunz (2000) 203 CLR 172; [2000] HCA 40 CVN17 v Minister for Immigration and Border Protection [2019] FCA 13 Degning v Minister for Home Affairs [2018] FCA 1152 Downes v Minister for Home Affairs [2020] FCA 54 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594; [2011] HCA 1 Minister for Immigration and Citizenship v SZIAI (2009) 259 ALR 429; [2009] HCA 39 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; [2019] HCA 3 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 Nweke v Minister for Immigration and Citizenship [2012] FCA 266 Paerau v Minister for Immigration and Border Protection (2014) 219 FCR; [2014] FCAFC 28 Pennie v Minister for Home Affairs [2019] FCAFC 129 Przybylowski v Australian Human Rights Commission [2018] FCA 25 Taualii v Minister for Home Affairs [2019] FCA 2013 Uelese v Minister for Immigration and Border Protection (2015) 256 CLR 203; [2015] HCA 15
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