Federal Court of Australia
Federal Court of Australia
FGBP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 253 Appeal from: FGBP and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 3816
File number: QUD 338 of 2020
Judgment of: BANKS-SMITH J
Date of judgment: 21 March 2022
Catchwords: MIGRATION - application for judicial review of decision of Administrative Appeals Tribunal - where Tribunal affirmed decision of delegate of Minister not to revoke cancellation of applicant's visa - whether Tribunal's findings of fact relating to evaluation of risk of reoffending were illogical and irrational - whether Tribunal's assessment that low weight should be given to the serious negative impact of non-revocation on former partner was based on illogical or irrational fact-finding - where former partner was victim of the applicant's domestic violence offending - application dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 25, 43 Migration Act 1958 (Cth) ss 476A, 499, 500, 501, 501CA
Cases cited: Ali v Minister for Home Affairs [2020] FCAFC 109; (2020) 278 FCR 627 Assistant Minister for Immigration and Border Protection v Splendido [2019] FCAFC 132; (2019) 271 FCR 595 BCR16 v Minister for Immigration and Border Protection [2017] FCAFC 96; (2017) 248 FCR 456 Bochenski v Minister for Immigration and Border Protection [2017] FCAFC 68; (2017) 250 FCR 209 CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146; (2016) 253 FCR 496 EHF17 v Minister for Immigration and Border Protection [2019] FCA 1681; (2019) 272 FCR 409 Frugtniet v Australian Securities and Investments Commission [2019] HCA 16; (2019) 266 CLR 250 Guclukol v Minister for Home Affairs [2020] FCAFC 148; (2020) 279 FCR 611 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 Leota v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1120 Martin v Minister for Immigration and Border Protection [2017] FCA 1 Minister for Home Affairs v Buadromo [2018] FCAFC 151; (2018) 267 FCR 320 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Border Protection v SZUXN [2016] FCA 516 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v EYR19 [2021] FCAFC 133 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41 Tohi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 125; (2021) 285 FCR 187
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