Federal Court of Australia
Federal Court of Australia
De Silva v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 831 Appeal from: Kalubuth De Silva and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 1848
File number(s): NSD 691 of 2021
Judgment of: ABRAHAM J
Date of judgment: 19 July 2022
Catchwords: MIGRATION – mandatory cancellation of partner visa – where applicant convicted of rape – where applicant did not pass character test in s 401(1) of the Migration Act 1958 (Cth) – application for judicial review – where applicant has not established legal unreasonableness in the Tribunal's treatment of the psychologist report or the applicant's lack of remorse – where applicant has not established that the Tribunal failed to give genuine consideration to the impact on the applicant's partner – application dismissed
Legislation: Migration Act 1958 (Cth) ss 499, 501(1), 501(7), 501CA(4))
Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71; (2003) 216 CLR 473 Assistant Minister for Immigration & Border Protection v Splendido [2019] FCAFC 132 Calvey v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 104 CKL21 v Minister for Home Affairs [2022] FCAFC 70 De Silva v The Queen [2019] HCA 48; (2019) 268 CLR 57 Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 3; (2022) 397 ALR 1 Donnelly v Minister for Immigration and Border Protection [2019] FCA 798 HZCP v Minister for Immigration and Border Protection [2019] FCAFC 202; (2019) 273 FCR 121 JKPM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1293 Korentang v Minister for Immigration and Border Protection [2017] FCA 1008 Lam and Minister for Immigration and Multicultural Affairs [1999] AATA 56 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; (2021) 95 ALJR 414 Ng v Health Care Complaints Commission [2018] NSWCATOD 105 R v De Silva [2018] QCA 274 RJE v Secretary to the Dept of Justice [2008] VSCA 265 SZRTN v Minister for Immigration and Border Protection [2014] FCA 303 YKSB v Minister for Home Affairs [2020] FCA 476
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