Federal Court of Australia
Federal Court of Australia
Archer v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1245 Review from: George v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 276
File number: WAD 52 of 2021
Judgment of: MCKERRACHER J
Date of judgment: 14 October 2021
Catchwords: MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal – decision not to revoke mandatory cancellation of visa under s 501CA(4) – whether the Tribunal misconstrued its task under [14.2(1)] of Direction No. 79 in considering the strength, nature and duration of ties to Australia – whether the weight placed on the applicant's family and social links under [14.2(1)(b)] was impermissibly diminished because the applicant began offending soon after arriving in Australia – where only the weight to be given to how long a non-citizen has resided in Australia under [14.2(1)(a)] can be lessened by consideration of whether offending commenced soon after arriving in Australia
Legislation: Migration Act 1958 (Cth) ss 499, 501(3A), 501CA, 501CA(4)
Cases cited: Downes v Minister for Home Affairs [2020] FCA 54; (2020) 168 ALD 498 FCFY v Minister for Home Affairs (No 2) [2019] FCA 1990 Okoh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 84
Division: General Division
Registry: Western Australia
National Practice Area: Administrative and Constitutional Law and Human Rights
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