Federal Court of Australia
Federal Court of Australia
KQHR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1205 Review of: Application for judicial review of KQHR and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 795
File number: VID 425 of 2021
Judgment of: MCEVOY J
Date of judgment: 12 October 2022
Catchwords: MIGRATION – application for judicial review of decision of the Administrative Appeals Tribunal – Tribunal affirmed decision of Minister's delegate not to revoke the mandatory cancellation of the applicant's permanent visa pursuant to s 501CA(4) of the Migration Act 1958 (Cth) – Tribunal's decision based in part on an irrational finding that a psychiatrist had diagnosed that the applicant did not have a mental illness – failure to give proper consideration to evidence as to the effect of the applicant's acquired brain injury – jurisdictional error – decision quashed – remitted to Tribunal for determination according to law.
Legislation: Migration Act 1958 (Cth) ss 477A, 499, 501(3A), 501(6)(a), 501(7)(c), 501CA(4)(b)(ii)
Cases cited: Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CWY20 (2021) 288 FCR 565; [2021] FCAFC 195 Boensch v Pascoe (2019) 268 CLR 593; [2019] HCA 49 BZD17 v Minister for Immigration and Border Protection (2018) 263 FCR 292; [2018] FCAFC 94 CQG15 v Minister for Immigration and Border Protection (2016) 253 FCR 496; [2016] FCAFC 146 Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 289 FCR 21; [2022] FCAFC 3 DNQ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 275 FCR 517; [2020] FCAFC 72 Minister for Home Affairs v DUA16 (2020) 385 ALR 212; [2020] HCA 46 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611; [2010] HCA 16 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541; [2018] HCA 30 Nathanson v Minister for Home Affairs (2022) 403 ALR 398; [2022] HCA 26
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