EQV20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1252

Federal Court of Australia

EQV20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1252 Appeal from: Application for judicial review of the Administrative Appeals Tribunal decision delivered on 30 September 2020 by Senior Member M Griffin QC

File number: NSD 1214 of 2020

Judgment of: BURLEY J

Date of judgment: 15 October 2021

Catchwords: MIGRATION – judicial review of Administrative Appeals Tribunal decision under s 501CA(4) of the Migration Act 1958 (Cth) to not revoke delegate's visa cancellation decision under s 501(3A) – where Tribunal incorrectly recorded date of two common assault convictions – error typographical in nature – application dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 43(3)-(5) Migration Act 1958 (Cth) ss 501(3A) and 501CA(4) Federal Court Rules 2011 (Cth) r 4.12

Cases cited: Bhangu v Minister for Immigration and Border Protection [2017] FCA 108 CCC v Minister for Immigration & Multicultural Affairs [2001] FCA 682 Collector of Customs v Pozzolanic Enterprises Pty Ltd [1993] FCA 456; 43 FCR 280 Foroghi v Minister for Immigration & Multicultural Affairs [2001] FCA 1875 Minister for Immigration and Border Protection v Sabharwal [2018] FCAFC 160 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; 212 FCR 99 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 Politis v Federal Commissioner of Taxation [1988] FCA 739; 16 ALD 707 SZLPH v Minister for Immigration & Citizenship [2008] FCA 744 SZRHL v Minister for Immigration and Citizenship [2013] FCA 1093; 136 ALD 641 Waterways Authority v Fitzgibbon [2005] HCA 57; 79 ALJR 1816