Federal Court of Australia
Federal Court of Australia
Mukiza v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1503 Appeal from: Application for judicial review from: Mukiza and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 1488 (25 May 2021)
File number(s): NSD 577 of 2021
Judgment of: ROFE J
Date of judgment: 30 November 2021
Catchwords: MIGRATION – appeal from a decision of the Administrative Appeals Tribunal (Tribunal) affirming a decision not to revoke the mandatory cancellation of the applicant's visa – whether Tribunal's decision was unreasonable, illogical, or irrational – whether Tribunal's decision was vitiated by jurisdictional error by making findings for which there was no evidence – whether evidence was required for findings about healthcare and standard of living in Canada – whether finding was a critical step in the Tribunal's reasons – application allowed
Legislation: Migration Act 1958 (Cth)
Cases cited: BHL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 277 FCR 420 EZA20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1775 Hands v Minister for Immigration and Border Protection (2018) 267 FCR 628 McLachlan v Assistant Minister for Immigration and Border Protection [2018] FCA 109 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Border Protection v Schmidt [2018] FCA 1162 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 SFGB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 231 Soliman v University of Technology, Sydney [2012] FCAFC 146 Viane v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 278 FCR 386
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