Oke v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1567

Federal Court of Australia

Oke v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1567 File number: NSD 648 of 2020

Judgment of: MARKOVIC J

Date of judgment: 14 December 2021

Catchwords: MIGRATION – application for review of a decision of the Administrative Appeals Tribunal affirming decision of delegate of first respondent not to revoke a decision to cancel applicant's Class WA Subclass Bridging A visa – whether Tribunal made findings for which there was no evidence – where Tribunal found that applicant would have access to "welfare services" in Nigeria – whether Tribunal's decision was legally unreasonable – where Tribunal found that applicant would face a lack of social, medical and economic support in Nigeria – application dismissed

Legislation: Migration Act 1958 (Cth) ss 501, 501CA)

Cases cited: BVD17 v Minister for Immigration and Border Protection (2019) 93 ALJR 1091 Minister for Immigration v Stretton (2016) 237 FCR 1 Muggeridge v Minister for Immigration and Border Protection (2017) 255 FCR 81 Schmidt v Minister for Immigration and Border Protection [2018] FCA 1162; (2018) 162 ALD 495 Zheng v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2021] FCA 1509

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 65

Date of hearing: 24 May 2021

Counsel for the Applicant: Dr J Donnelly

Solicitor for the Applicant: Scott Calnan, Lawyer

Counsel for the Respondents: Mr B D Kaplan

Solicitor for the Respondents: Sparke Helmore Lawyers