Federal Court of Australia
Federal Court of Australia
BAL22 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 803 File number: NSD 94 of 2022
Judgment of: STEWART J
Date of judgment: 12 July 2022
Catchwords: MIGRATION – application for judicial review of a decision by the Minister under s 501CA(4) of the Migration Act 1958 (Cth) not to revoke a decision by a delegate to cancel the applicant's protection visa – whether the Minister failed to adequately evaluate the applicant's representation that his physical injuries significantly impede his ability to reoffend – whether the Minister's reasoning and conclusion as to the risk of the applicant reoffending is legally unreasonable – application dismissed
Legislation: Migration Act 1958 (Cth) ss 189, 196, 197C(3), 198, 501(3A), s 501CA(4)
Cases cited: Hands v Minister for Immigration & Border Protection [2018] FCAFC 225; 267 FCR 628 Kemp v Minister for Immigration & Border Protection [2018] FCA 1106 Minister for Home Affairs v Omar [2019] FCAFC 188; 272 FCR 589 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17 Plaintiff S183/2021 v Minister for Home Affairs [2022] HCA 15
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 68
Date of hearing: 21 June 2022
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