Federal Court of Australia
Federal Court of Australia
DTR21 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1237 Review of: Application for judicial review of Administrative Appeals Tribunal decision delivered on 17 September 2021 by R Cameron
File number(s): VID 616 of 2021
Judgment of: ROFE J
Date of judgment: 18 October 2022
Catchwords: MIGRATION - decision of the Administrative Appeals 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 had regard to an irrelevant consideration – application dismissed
Legislation: Migration Act 1958 (Cth)
Cases cited: Minister for Aboriginal Affairs v Peko-Wallsend (1986) 162 CLR 24 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 MZAPC v Minister for Immigration and Border Protection (2021) 95 ALJR 454 Neat Domestic Trading Pty Ltd v AWB Ltd (2003) 216 CLR 277
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 84
Date of hearing: 5 September 2022
Counsel for the Applicant: Nicholas Poynder
Solicitor for the Applicant: Dobson Mitchell & Allport
Counsel for the First Respondent: Zoe Maud
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