Federal Court of Australia
Federal Court of Australia
HDWH v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1659 Review of: HDWH v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 3056
File number: QUD 315 of 2021
Judgment of: LOGAN J
Date of judgment: 29 November 2021
Catchwords: MIGRATION LAW – application for judicial review of Administrative Appeals Tribunal's decision to affirm Minister's non-revocation of mandatory visa cancellation – whether Tribunal failed to apply principle of paragraph 5.2 of Ministerial Direction 90 – where no error showed in Tribunal's reasons – where applicant arrived in Australia as young child and committed offending 12 years later while still a minor – whether Tribunal misconstrued paragraph 9.4.1 of Ministerial Direction 90 by finding the applicant committed offending soon after arriving in Australia – where on no view can "soon after" mean a passage of 12 years – application granted
Legislation: Migration Act 1958 (Cth) ss 499, 501, 501CA
Cases cited: Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 FYBR v Minister for Home Affairs (2019) 272 FCR 454 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 NWQR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1077
Division: General Division
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