Federal Court of Australia
Federal Court of Australia
HRZN v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1431 Appeal from: Application for judicial review: HRZN and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 1035
File number(s): VID 258 of 2021
Judgment of: KERR J
Date of judgment: 22 November 2021
Catchwords: MIGRATION – application for a writ of certiorari to quash the decision of the Administrative Appeals Tribunal which had affirmed a decision of a delegate of the Minister to not revoke the cancellation of the Applicant's visa and further or alternatively a writ of mandamus – application advanced on four grounds: legal error; legal unreasonableness; failure of the Tribunal to consider an integer of the Applicant's claim; and failure of the Tribunal to take into account a mandatory relevant consideration – each of the four grounds not established – application dismissed
Legislation: Migration Act 1958 (Cth) Direction No 79 – Visa refusal and cancellation under s 501 and revocation of a mandatory cancellation of a visa under s 501CA
Cases cited: AFD21 v Minister for Home Affairs [2021] FCAFC 167 FYBR v Minister for Home Affairs [2019] FCAFC 185 Minister for Immigration and Border Protection v SZUXN (2016) 69 AAR 210; [2016] FCA 516 Minister of State for Immigration and Ethnic Affairs v Teoh [1995] HCA 20; 183 CLR 273
Division: General Division
Registry: Victoria
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