Federal Court of Australia
Federal Court of Australia
Zheng v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1509 File number: NSD 446 of 2021
Judgment of: CHEESEMAN J
Date of judgment: 1 December 2021
Catchwords: MIGRATION – application for judicial review under s 476A(1)(c) of the Migration Act 1958 (Cth) of the Minister's decision not to revoke the mandatory cancellation of applicant's visa– where the Minister found that the applicant, as a citizen of the People's Republic of China (PRC), would have the same level of access to welfare and public support as other PRC citizens if returned to the PRC – whether that finding was made in the absence of supporting material or rational basis– whether jurisdictional error – Held: no error – application dismissed.
Legislation: Migration Act 1958 (Cth), ss 476A(1)(c), 476A(2), 501(3A), 501CA(4)
Cases cited: Guclukol v Minister for Home Affairs [2020] FCAFC 148 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; 267 FCR 628 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 Minister for Home Affairs v Omar [2019] FCAFC 188; (2019) 272 FCR 589 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216; (2018) 267 FCR 643 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 Navoto v Minister for Home Affairs [2019] FCAFC 135 Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50; (2015) 258 CLR 173 Renton v Minister for Home Affairs [2021] FCA 931 Schmidt v Minister for Immigration and Border Protection [2018] FCA 1162; (2018) 162 ALD 495 Viane v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 144 Uelese v Minister for Immigration and Border Protection and Another [2016] FCA 348; (2018) 248 FCR 296 XJLR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 619 XSLJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1138
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