Federal Court of Australia
Federal Court of Australia
Pihere v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1342 Review of: Pihere and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 4236
File number: VID 693 of 2021
Judgment of: COLVIN J
Date of judgment: 11 November 2022
Catchwords: MIGRATION - application for judicial review of Tribunal's decision to affirm decision of the Minister's delegate not to revoke applicant's visa cancellation under s 501CA(4) of the Migration Act 1958 (Cth) - where the Tribunal was required to comply with Direction 90 - where applicant alleges that Tribunal failed to have regard to a clearly articulated representation - where applicant's statement of issues before the Tribunal articulated a claim that it should approach the application of the consideration in the Direction on the basis that non-revocation would permanently exclude the application from Australia - where Tribunal did not reference claim in reasons - where Minister contends that Tribunal implicitly accepted the consequence of permanent exclusion - whether Tribunal brought its mind to bear on the representation in exercising its discretion - consideration of DLJ18 v Minister for Home Affairs [2018] FCAFC 236 - application allowed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Migration Act 1958 (Cth) ss 499, 500, 501, 501CA
Cases cited: BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; (2019) 268 CLR 29 DLJ18 v Minister for Home Affairs [2019] FCAFC 236; (2019) 273 FCR 66 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216; (2018) 267 FCR 643 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; (2011) 241 CLR 594 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Nathanson v Minister for Home Affairs [2022] HCA 26 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17 Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50; (2015) 258 CLR 173
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