Federal Court of Australia
Federal Court of Australia
XFZC v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1162 Review of: Application for judicial review: XFZC and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 3385
File number(s): VID 623 of 2021
Judgment of: HESPE J
Date of judgment: 3 October 2022
Catchwords: MIGRATION – decision of the Administrative Appeals Tribunal (Tribunal) affirming decision of delegate of the Minister not to revoke mandatory cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) – whether decision of Tribunal affected by jurisdictional error – whether Tribunal misunderstood or overlooked critical evidence – whether Tribunal failed to consider a significant and clearly expressed representation – application dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 43 Direction No 90 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA (8 March 2021) Migration Act 1958 (Cth) ss 476A, 499, 500, 501, 501CA, 501G
Cases cited: Bettencourt v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 287 FCR 294; [2021] FCAFC 172 Hong v Minister for Immigration and Border Protection (2019) 269 FCR 47; [2019] FCAFC 55 Minister For Home Affairs v HSKJ (2018) 266 FCR 591; [2018] FCAFC 217 Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431; [2013] FCAFC 114 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; [2019] HCA 3 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane (2021) 395 ALR 403; [2021] HCA 41 Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 164; [2010] HCA 48 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99; [2013] FCA 317 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 30 MZAPC v Minister for Immigration and Border Protection (2021) 390 ALR 590; [2021] HCA 17 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1; [2004] FCAFC 263 Plaintiff M1/2021 v Minister for Home Affairs (2022) 400 ALR 417; [2022] HCA 17
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