Federal Court of Australia
Federal Court of Australia
Manuel v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1354 Review of: Manuel and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2022] AATA 1747
File number: VID 381 of 2022
Judgment of: MCEVOY J
Date of judgment: 11 November 2022
Catchwords: MIGRATION – judicial review of decision of the Administrative Appeals Tribunal – where Tribunal failed to consider evidence relevant to its determination of whether there was "another reason" to revoke the mandatory cancellation of the applicant's visa pursuant to section 501CA(4)(b)(ii) of the Migration Act 1958 (Cth) – where Minister accepts that the Tribunal's approach was affected by jurisdictional error – parties promoted consent orders setting aside decision of the Tribunal and remitting the matter to the Tribunal for determination according to law – application granted – orders made by consent.
Legislation: Migration Act 1958 (Cth) ss 476A, s 501CA(4) Ministerial Direction No. 90 - Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA cl 8.3, 9.3
Cases cited: Kovalev v Minister for Immigration and Multicultural Affairs (1999) 100 FLR 323; [1999] FCA 557 Nathanson v Minister for Home Affairs (2022) 403 ALR 398; [2022] HCA 26 VNPC v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 921
Division: General Division
Registry: Victoria
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