Federal Court of Australia
Federal Court of Australia
Mailau v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 610 Review of: Mailau and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 1224
File number: ACD 35 of 2021
Judgment of: BURLEY J
Date of judgment: 25 May 2022
Catchwords: MIGRATION – application for judicial review of decision of the Administrative Appeals Tribunal (Tribunal) – whether Tribunal erred in placing "no weight" on psychological report – whether Tribunal erred by considering the cumulative best interest of the relevant minor children – whether use of hearsay evidence legally unreasonable – whether Tribunal failed to consider impact of non-revocation on a victim – application dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 33(1)(c) Migration Act 1958 (Cth) ss 499(2A), 501(3A), 501CA(4)
Cases cited: BHL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 94; 277 FCR 420 CGX20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 69; 284 FCR 416 DKN20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 97; 285 FCR 1 Meyrick v Minister for Immigration [2020] FCA 677 Minister for Home Affairs v HSKJ [2018] FCAFC 217; 266 FCR 591 Minister for Home Affairs v Omar [2019] FCAFC 188; 272 FCR 589 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CTB19 [2020] FCAFC 166; 280 FCR 178 Paerau v Minister for Immigration and Border Protection [2014] FCAFC 28; 219 FCR 504 Spruill v Minister for Immigration and Citizenship [2012] FCA 1401; 135 ALD 45 Stewart v Minister for Immigration. Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 196; 281 FCR 578 Tomasi Mailau and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 1224 WQRJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 736
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