Federal Court of Australia
Federal Court of Australia
Kerry v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1355 Review from: Kerry and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 869 (9 April 2020)
File number: QUD 141 of 2020
Judgment of: COLLIER J
Date of judgment: 4 November 2021
Catchwords: MIGRATION – review of decision of Administrative Appeals Tribunal – where Tribunal determined not to revoke cancellation of applicant's visa – where visa cancelled mandatorily for applicant failing character test – s 501CA Migration Act 1958 (Cth) – Direction No 79 –whether Tribunal considered the effect of non-revocation on the applicant's immediate family – whether jurisdictional error
Legislation: Migration Act 1958 (Cth) ss 501, 501CA Direction No 79 – visa refusal and cancellation under s 501 and revocation of a mandatory cancellation of a visa under s501CA
Cases cited: Collector of Customs v Pozzolanic (1993) 43 FCR 280 [1993]; FCA 456 Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 PQSM v Minister for Home Affairs [2020] FCAFC 125 Tohi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 125 Uelese v Minister for Immigration and Border Protection (2015) 256 CLR 203 [2015] HCA 15
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
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