Federal Court of Australia
Federal Court of Australia
Toki v Minister for Home Affairs [2022] FCA 44 File number: NSD 1244 of 2020
Judgment of: BURLEY J
Date of judgment: 3 February 2022
Catchwords: MIGRATION – application for review of decision of the Minister pursuant to s 501CA(4) of the Migration Act 1958 (Cth) – where applicant found not guilty of certain offences by reason of mental health – where applicant detained in a forensic hospital – where leave sought to adduce evidence not before the Minister – whether Minister failed to consider whether New Zealand had comparable medical care to meet the applicant's needs – whether cancellation of applicant's visa likely to interfere with his treatment and prospect of release – whether Minister failed to consider evidence of family support – whether decision was unreasonable – application dismissed
Legislation: Migration Act 1958 (Cth) ss 5, 13, 14, 15, 189(1), 196, 254, 476A(1)(c), 501, 501(3A), 501CA, 501CA(4) Federal Court Rules 2011 (Cth) r 4.12 Mental Health Act 2007 (NSW) ss 51(1), 53
Cases cited: Anaki v Minister for Immigration and Border Protection [2018] FCA 77 Bettencourt v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 172 BHL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 94; 277 FCR 420 Falzon v Minister for Immigration and Border Protection [2018] HCA 2; 262 CLR 333 McCafferty v Minister for Immigration & Ethnic Affairs [1995] FCA 1099; 61 FCR 275 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216; 267 FCR 643 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1 Minister for Immigration and Border Protection v Singh [2016] FCA 575 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41; 395 ALR 403 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 390 ALR 590 Navoto v Minister for Home Affairs [2019] FCAFC 135 R v Toki, Martin [2009] NSWDC 186 Uelese v Minister for Immigration and Border Protection [2016] FCA 348; 248 FCR 296 Viane v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 144; 278 FCR 386
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