Federal Court of Australia
Federal Court of Australia
QGDC v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1375 Appeal from: Application for review of a migration decision by the Administrative Appeals Tribunal made on 30 November 2020
File number: VID 2 of 2021
Judgment of: SNADEN J
Date of judgment: 10 November 2021
Catchwords: MIGRATION – applicant convicted of committing assaults upon ex-partner – cancellation of visa on character grounds – application to delegate of minister for revocation of cancellation decision – application to Administrative Appeals Tribunal for review of delegate's decision – judicial review of AAT decision – whether AAT made a factual finding for which there was no evidence – applicant conceded the disputed factual finding in his evidence before the Tribunal – ample basis for the factual finding – application dismissed
Legislation: Migration Act 1958 (Cth) ss 476A, 496, 499, 500, 501, 501CA
Cases cited: BSE17 v Minister for Home Affairs [2018] FCA 1926 CRU18 v Minister for Home Affairs (2020) 277 FCR 493 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 Re Minister for Immigration and Multicultural Affairs; ex parte Cohen (2001) 75 ALJR 542
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 25
Date of hearing: 21 October 2021
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