Nguyen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 483

Federal Court of Australia

Nguyen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 483 Appeal from: Manh Truong Nguyen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 272

File number: WAD 65 of 2022

Judgment of: FEUTRILL J

Date of judgment: 2 May 2022

Catchwords: MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) – Administrative Appeals Tribunal affirmed decision not to grant appellant Bridging E visa – whether Tribunal misapplied or failed to give proper, genuine or realistic conditions to the specification of any conditions of a Bridging E visa if granted – whether Tribunal's decision legally unreasonable - inferences that can be drawn from Tribunal's reasons – nature of concessions made by the appellant regarding imposition of conditions, if any – adequacy of Tribunal's reasons – whether Tribunal intellectually engaged in assessment of conditions – whether legal unreasonableness can be inferred from absence of Tribunal's reasons – no basis for inferring legal unreasonableness – appeal dismissed – application for injunction restraining removal – application granted until appeal determined

Legislation: Constitution s 75(v) Administrative Appeals Tribunal Act 1975 (Cth) s 44 Federal Court of Australia Act 1976 (Cth) ss 23, 24(1)(d) Migration Act 1958 (Cth) ss 31(2)(g), 31(3), 37, 41(1), 41(2B), 41(3), 68(2), 72(1), 73, 198(5), 337, 338, 347, 348, 349, 353, 357A, 368, 368(1), 368(1)(b), 368(1)(c), 368A, 368A(1), 368A(3), 368D, 368D(1), 368D(2), 368D(4), 474, 476 Migration Regulations 1994 (Cth) regs 2.02(2), 2.03(1), 2.05(1), 2.05(2), cll 050.212(2), 050.223, 050.617, 050.618, 309.226, 1305, 5002