Federal Court of Australia
Federal Court of Australia
Jabari v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 388 Review of: Application for judicial review of the Administrative Appeals Tribunal decision delivered on 26 May 2021 by Member S Burford
File number: WAD 158 of 2021
Judgment of: BEACH J
Date of judgment: 12 April 2022
Catchwords: MIGRATION – application for judicial review – jurisdictional error – failure to properly consider clause 8.3(4)(d) of Direction 90 – failure to consider representations – application dismissed
Legislation: Migration Act 1958 (Cth) s 501CA(4)
Cases cited: Bettencourt v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 172 EVK18 v Minister for Home Affairs (2020) 274 FCR 598 GBV18 v Minister for Home Affairs (2020) 274 FCR 202 Minister for Home Affairs v Omar (2019) 272 FCR 589 Minister for Immigration and Citizenship v SZIAI (2009) 259 ALR 429 Navoto v Minister for Home Affairs [2019] FCAFC 135
Division: General Division
Registry: Western Australia
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 79
Date of hearing: 7 April 2022
Counsel for the Applicant: Mr G J Barns SC
Solicitor for the Applicant: Estrin Saul Lawyers
Counsel for the First Respondent: Mr G J Johnson
Solicitor for the First Respondent: Sparke Helmore Lawyers
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