Jones v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 285

Federal Court of Australia

Jones v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 285 File number: QUD 21 of 2022

Judgment of: DERRINGTON J

Date of judgment: 29 March 2022

Catchwords: MIGRATION – cancellation under s 501(2) discretion – nature of discretion – whether decision unreasonable – whether Minister failed to take relevant matters into consideration – scope of discretion to determine which matters to take into account – application refused

Legislation: Australian Citizenship Act 2007 (Cth) Migration Act 1958 (Cth)

Cases cited: AYY17 v Minister for Immigration and Border Protection (2018) 261 FCR 503 BVD17 v Minister for Immigration and Border Protection (2019) 268 CLR 29 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088 Gunatillake v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 387 Hands v Minister for Immigration and Border Protection (2018) 267 FCR 628 He v Minister for Immigration and Border Protection (2017) 255 FCR 41 Minister for Home Affairs v Omar (2019) 272 FCR 589 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158 Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 451 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 228 CLR 566 Minister for Immigration and Multicultural and Indigenous Affairs v Huynh (2004) 139 FCR 505 Singh v Minister for Home Affairs (2019) 267 FCR 200