Tapiki v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 391

Federal Court of Australia

Tapiki v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 391 Appeal from: Tapiki and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 1228

File number(s): NSD 520 of 2021

Judgment of: BROMWICH J

Date of judgment: 14 April 2022

Catchwords: MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal – where the Tribunal affirmed a decision of a delegate of the first respondent to refuse a request to revoke the cancellation of the applicant's visa – where no meaningful submissions made as to error – where no error on the part of the Tribunal otherwise identifiable – application dismissed

Legislation: Migration Act 1958 (Cth) ss 499, 501(3A), 501CA

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 22

Date of hearing: 22 March 2022

Counsel for the Applicant: The applicant appeared on his own behalf

Counsel for the First Respondent: T Reilly

Solicitor for the First Respondent: Sparke Helmore

ORDERS NSD 520 of 2021

BETWEEN: KINGSTON TAPIKI Applicant

AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

order made by: BROMWICH J DATE OF ORDER: 14 April 2022

THE COURT ORDERS THAT:

1. The originating application dated 1 June 2021 be dismissed. 2. The applicant pay the first respondent's costs as assessed or agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.