Federal Court of Australia
Federal Court of Australia
Shi v Minister for Home Affairs [2022] FCA 708 File number: NSD 255 of 2021
Judgment of: CHEESEMAN J
Date of judgment: 17 June 2022
Catchwords: MIGRATION – application for judicial review of the decision of the respondent (Minister) not to revoke the cancellation of the applicant's visa under s 501CA(4) of the Migration Act 1958 (Cth) – where the applicant's visa was cancelled pursuant to s 501(3A) by reason of the applicant not passing the character test – where the applicant made representations to the Minister that his removal would put him and his half-sister, who was a minor, at risk of suicide – where the applicant contends the Minister failed to engage in an active intellectual process with the representations made when performing the evaluative task posed by s 501CA(4)(b)(ii) – whether the Minister engaged, in a requisite way, with the applicant's representations – whether the Minister's decision is affected by jurisdictional error – Held: no error – application for review dismissed.
Legislation: Migration Act 1958 (Cth), ss 476A(1), 501(3A), 501(6), 501(7), 501CA(4)
Cases cited: Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 Ezegbe v Minister for Immigration and Border Protection [2019] FCA 216; 164 ALD 139 GBV18 v Minister for Home Affairs [2020] FCAFC 17; 274 FCR 202 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225: 364 ALR 423 Minister for Home Affairs v Omar [2019] FCAFC 188; 272 FCR 589 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216; 267 FCR 643 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41; 395 ALR 403 Minister for Immigration and Ethnic Affairs v WuShan Liang [1996] HCA 6; 185 CLR 259 Navoto v Minister for Home Affairs [2019] FCAFC 135 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17 Shi v State of Western Australia [2020] WASCA 197
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