AEK20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 130

Federal Court of Australia

AEK20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 130 File number: NSD 1755 of 2019

Judgment of: NICHOLAS J

Date of judgment: 22 February 2022

Catchwords: MIGRATION – application for judicial review of a decision of the Minister not to revoke decision to cancel applicant's visa – whether Minister failed to adequately consider a claim made by the applicant – whether the minster engaged in active intellectual process when considering the claim Held: no jurisdictional error established, application dismissed

Legislation: Migration Act 1958 (Cth) s 501(3A), 501CA(4) Federal Court of Australia Act 1976 (Cth) s 37AF

Cases cited: AXT19 v Minister for Home Affairs [2020] FCAFC 32 AYY17 v Minister for Immigration and Border Protection (2018) 261 FCR 503 CAR15 v Minister for Immigration and Border Protection (2019) 272 FCR 131 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 DQM18 v Minister for Home Affairs (2020) 278 FCR 529 Minister for Home Affairs v Omar (2019) 272 FCR 589 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CTB19 (2020) 280 FCR 178 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Jokic [2020] FCA 1434 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41 MZAPC v Minister for Immigration and Border Protection (2021) 390 ALR 590 Pennie v Minister for Home Affairs [2019] FCAFC 129 Taualii v Minister for Home Affairs [2019] FCA 2013 Viane v Minister for Home Affairs [2020] FCA 152 Viane v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 278 FCR 386