Federal Court of Australia
Federal Court of Australia
King v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1319 Review of: King and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 4391
File number: WAD 49 of 2022
Judgment of: JACKSON J
Date of judgment: 4 November 2022
Catchwords: MIGRATION - cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) - judicial review of Administrative Appeals Tribunal's decision to affirm decision under s 501CA not to revoke cancellation of visa - consideration of Tribunal's weighting process - Tribunal's consideration of specific rehabilitation and treatment report - consideration of evidence regarding risk of reoffending - Tribunal's observations of the effect of the offending on minor children - adequacy of Tribunal's reasons - no jurisdictional error - application dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 43 Migration Act 1958 (Cth) ss 474, 476A, 501, 501CA, 501G
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 Australian Postal Corporation v D'Rozario [2014] FCAFC 89; (2014) 222 FCR 303 DWA17 v Minister for Immigration and Border Protection [2019] FCAFC 160; (2019) 272 FCR 152 FYBR v Minister for Home Affairs [2019] FCAFC 185; (2019) 272 FCR 454 Guttridge v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 229 Re Wolanski's Registered Design (1953) 88 CLR 278 Khalil v Minister for Home Affairs [2019] FCAFC 151; (2019) 271 FCR 326 L & B Linings Pty Ltd v WorkCover Authority of New South Wales [2012] NSWCA 15 Minister for Home Affairs v Omar [2019] FCAFC 188; (2019) 272 FCR 589 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; (2014) 231 FCR 437 Minister for Immigration and Ethnic Affairs v Wu Shang Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2; (2003) 211 CLR 476 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Palme [2003] HCA 56; (2003) 216 CLR 212 Tran v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 297
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