Federal Court of Australia
Federal Court of Australia
EUF20 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1349 File number(s): NSD 1280 of 2021
Judgment of: THAWLEY J
Date of judgment: 14 November 2022
Catchwords: MIGRATION – application for judicial review of Minister's decision to cancel applicant's visa under s 501(3) of the Migration Act 1958 (Cth) – where natural justice does not apply – whether Minister made finding which was illogical or unreasonable – whether Minister failed to take into account legal consequences of cancellation decision – whether Minister failed to engage in active intellectual process in considering whether to consider new material – whether Minister made finding of fact for which there was no evidence – whether Minister failed to give proper, genuine and realistic consideration to merits of the case – application dismissed
Legislation: Migration Act 1958 (Cth) ss 36A, 36(1C)(b), 189, 196, 197C, 197C(1), 197C(3), 197C(4), 198(2A), 501, 501(1), 501(3), 501(3A) 501(5)
Cases cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; 170 CLR 321 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 Chetcuti v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1758 Chetcuti v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 98; 288 FCR 657 EUF20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 436 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; 267 FCR 628 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v EBD20 [2021] FCAFC 179; 287 FCR 581 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; 207 ALR 12 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41; 395 ALR 403 NBMZ v Minister for Immigration and Border Protection [2014] FCAFC 38; 220 FCR 1 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 400 ALR 417 Plaintiff S156/2013 v Minister for Immigration and Border Protection [2014] HCA 22; 254 CLR 28 SFGB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 231; 77 ALD 402 SZNKV v Minister for Immigration and Citizenship [2010] FCA 56; 118 ALD 232
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