Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
El Khoueiry v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 247 File number(s): QUD 358 of 2021
Judgment of: SC DERRINGTON J
Date of judgment: 18 March 2022
Catchwords: MIGRATION – application to review decision of Administrative Appeals Tribunal – original decision by delegate of Minister not to revoke mandatory cancellation of visa under s 501CA – whether drug addiction ought to have been considered a health issue in the Tribunal's mandatory consideration of extent of impediments pursuant to Direction 90 s 9(1)(b) – whether jurisdictional error made by Tribunal – whether decision of Tribunal was illogical and/or irrational – whether procedural fairness was denied
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 43(2B) Migration Act 1958 (Cth) ss 476A, 499, 501, 501CA
Cases cited: AWT15 v Minister for Immigration and Border Protection [2017] FCA 512 AYY17 v Minister for Immigration and Border Protection [2018] FCAFC 89; 261 FCR 503 BHL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 94; 277 FCR 420 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146; 253 FCR 496 Goundar v Minister for Immigration and Border Protection [2016] FCA 1203 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; 267 FCR 628 LRMM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1039 Matthews v Minister for Home Affairs [2020] FCAFC 146 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 Minister for Home Affairs v Buadromo [2018] FCAFC 51; 267 FCR 320 Minister for Home Affairs v Omar [2019] FCAFC 188; 272 FCR 589 Minister for Immigration and Border Protection v Eden [2016] FCAFC 28; 240 FCR 158 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Border Protection v SZUXN [2016] FCA 516; 69 AAR 210 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; 243 CLR 164 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; 212 FCR 99 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 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 Pallas v Minister for Home Affairs [2019] FCAFC 149 Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50; 258 CLR 173 Tickner v Chapman [1995] FCA 1726; 57 FCR 451 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116; 263 FCR 531
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