Kura v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1343

Federal Court of Australia

Kura v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1343 Review of: Application for judicial review: Kura and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 1365

File number(s): VID 331 of 2021

Judgment of: KERR J

Date of judgment: 3 November 2021

Catchwords: MIGRATION – application for review of a decision of the Administrative Appeals Tribunal to affirm the decision of a delegate of the Minister to cancel the Applicant's visa – application advanced on the grounds that the decision involved a serious error of law because it did not apply the principles in Minister for Immigration and Border Protection v Makasa [2021] HCA 1 and the Tribunal failed to take relevant considerations into account including the Applicant's efforts to abstain from drug use and the evidence of his partner, and displayed bias and prejudice – where no Makasa issue arises – where the Tribunal made no error in its analysis – application dismissed with costs

Legislation: Migration Act 1958 (Cth) Direction no. 90 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA

Cases cited: Minister for Immigration and Border Protection v Makasa [2021] HCA 1 Kura v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1478 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116

Division: General Division