Federal Court of Australia
Federal Court of Australia
BOE21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1429 Review of: Application for judicial review of the Administrative Appeals Tribunal decision delivered on 7 May 2021.
File number: NSD 578 of 2021
Judgment of: BROMWICH J
Date of judgment: 19 November 2021
Catchwords: MIGRATION – application for review of a decision of the Administrative Appeals Tribunal to affirm a decision of a delegate of the first respondent not to revoke the mandatory cancellation of the applicant's Refugee visa – whether the Tribunal made a finding for which there was no evidence – whether the Tribunal acted on a misunderstanding of the applicable law – whether the Tribunal's decision was legally unreasonable, irrational and/or illogical – whether the Tribunal denied the applicant procedural fairness – held: appeal dismissed.
Legislation: Constitution s 75(v) Direction No. 90 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA (8 March 2021) Direction No. 79 – Visa refusal and cancellation under s 501 and revocation of a mandatory cancellation of a visa under s 501CA (2 December 2018) Migration Act 1958 (Cth) ss 48A, 48B, 195A, 197AB, 499, 501, 501A, 501CA Convention Relating to the Status of Refugees
Cases cited: Ali v Minister for Home Affairs [2018] FCA 1895 Australian Retailers Association v Reserve Bank of Australia [2005] FCA 1707; 148 FCR 446 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 DQM18 v Minister for Home Affairs [2020] FCAFC 110; 278 FCR 529 FRH18 v Minister for Home Affairs [2018] FCA 1769; 266 FCR 413 FTZK v Minister for Immigration and Border Protection [2014] HCA 26; 88 ALJR 754; 310 ALR 1 Gaspar v Minister for Immigration and Border Protection [2016] FCA 1166 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 Marzano v Minister for Immigration and Border Protection [2017] FCAFC 66; 250 FCR 548 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Epeabaka [1999] FCA 1; 84 FCR 411 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; 207 ALR 12 MNLR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 35 Re Minister for Immigration and Multicultural Affairs; Ex parte Epeabaka [2001] HCA 23; 206 CLR 128 SFGB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 231; 77 ALD 402 Tohi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 125 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116; 263 FCR 531 Viane v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 144; 278 FCR 386 WKMZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 55
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