Federal Court of Australia
Federal Court of Australia
KXXH v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1229 Appeal from: Application for extension of time: KXXH and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 5313
File number: NSD 205 of 2021
Judgment of: COLVIN J
Date of judgment: 13 October 2021
Catchwords: MIGRATION - application for judicial review of decision of Administrative Appeals Tribunal - where Tribunal affirmed decision of delegate of Minister not to revoke cancellation of applicant's visa - whether Tribunal failed to consider relevant evidence concerning best interests of applicant's fiancée's grandchildren - whether Tribunal failed to undertake required evaluation of weight given to primary and other considerations - whether Tribunal's reasoning and fact-finding unreasonable - application dismissed
Legislation: Migration Act 1958 (Cth) ss 499, 501, 501CA
Cases cited: Ali v Minister for Home Affairs [2020] FCAFC 109; (2020) 278 FCR 627 BCR16 v Minister for Immigration and Border Protection [2017] FCAFC 96; (2017) 248 FCR 456 Bettencourt v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 172 BHL19 v Minister for Immigration, Citizenship, Migration Services and Multicultural Affairs [2020] FCAFC 94; (2020) 277 FCR 420 Bochenski v Minister for Immigration and Border Protection [2017] FCAFC 68; (2017) 250 FCR 209 EHF17 v Minister for Immigration and Border Protection [2019] FCA 1681; (2019) 272 FCR 409 Guclukol v Minister for Home Affairs [2020] FCAFC 148; (2020) 279 FCR 611 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; (2018) 267 FCR 628 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 PQSM v Minister for Home Affairs [2020] FCAFC 125; (2020) 279 FCR 175 Suleiman v Minister for Immigration and Border Protection [2018] FCA 594 Tohi v Minister for Immigration, Citizenship, Migration Services and Multicultural Affairs [2021] FCAFC 125 Tsvetnenko v United States of America [2019] FCAFC 74; (2019) 269 FCR 225 Uelese v Minister for Immigration and Border Protection [2015] HCA 15; (2015) 256 CLR 203 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116; (2018) 263 FCR 531
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