Federal Court of Australia
Federal Court of Australia
Walker v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1296 Review of: Application for judicial review of Administrative Appeals Tribunal Decision delivered on 15 June 2021
File number(s): QUD 238 of 2021
Judgment of: SC DERRINGTON J
Date of judgment: 27 October 2021
Catchwords: MIGRATION – whether Administrative Appeals Tribunal properly exercised its discretion in s 501CA of the Migration Act 1958 (Cth) – consideration of Administrative Appeal Tribunal's application of Ministerial Direction No. 90
Legislation: Migration Act 1958 (Cth), ss 499, 501, 501CA
Cases cited: Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; (2021) 390 ALR 590 Onyebuchi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1183
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 33
Date of hearing: 21 October 2021
Counsel for the Applicant: Mr R Lake
Solicitor for the Applicant: Stephens & Tozer Solicitors
Counsel for the First Respondent: Mr J Byrnes
Solicitor for the First Respondent: Clayton Utz
Counsel for the Second Respondent: The Second Respondent submitted save as to costs
ORDERS QUD 238 of 2021
BETWEEN: AMANDA WALKER Applicant
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