Okoh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1011

Federal Court of Australia

Okoh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1011 Review of: Application for judicial review: Okoh and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 1662

File number: VID 369 of 2021

Judgment of: MIDDLETON J

Date of judgment: 2 September 2022

Catchwords: MIGRATION – Migration Act 1958 (Cth) s 501CA(4) – application for review of decision of the Administrative Appeals Tribunal – where the Administrative Appeals Tribunal affirmed the delegate's decision not to revoke cancellation of visa – whether claim as to applicant's mental health was clearly articulated or clearly emerged from the materials – whether Administrative Appeals Tribunal failed to consider material regarding applicant's mental health such as to amount to jurisdictional error – held: application dismissed

Legislation: Migration Act 1958 (Cth), s 501CA(4)

Cases cited: DOU16 v Minister for Home Affairs (2019) 272 FCR 358; [2019] FCAFC 212 ESQ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs and Anor (2021) 283 FCR 164; [2021] FCAFC 44 Kasupene v Minister for Immigration and Citizenship [2008] FCA 1609; (2008) 49 AAR 77 NABE v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) (2004) 144 FCR 1; [2004] FCAFC 263 Okoh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 84 Plaintiff M1/2021 v Minister for Home Affairs (2022) 400 ALR 417; [2022] HCA 17 Vural v Minister for Home Affairs [2020] FCA 667