Federal Court of Australia
Federal Court of Australia
CWRG v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1382 Review of: CWRG and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 2408
File number: QUD 275 of 2021
Judgment of: COLVIN J
Date of judgment: 21 November 2022
Catchwords: MIGRATION - application for judicial review of decision by Administrative Appeals Tribunal to affirm delegate's decision to refuse application for a resident return visa under s 501(1) of the Migration Act 1958 (Cth) - where applicant is the visa applicant's mother - where applicant alleges that Tribunal's decision was unreasonable 'from the cumulative effect of numerous flaws' - where Tribunal required to apply Direction 90 - where applicant alleges that the Tribunal acted unreasonably in its reasoning, application of the Direction and fact finding - whether the whole of the Tribunal's reasoning is so affected by unreasonableness as to lead to jurisdictional error - consideration of the ground of unreasonableness - where Tribunal assigned applicant a pseudonym - application dismissed - orders made requiring further submissions regarding any basis for a pseudonym under s 37AF of the Federal Court of Australia Act 1976 (Cth)
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 35 Federal Court of Australia Act 1976 (Cth) s 37AF Migration Act 1958 (Cth) ss 499, 501, 501CA
Cases cited: BHD18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 151; (2020) 280 FCR 26 BHL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 94; (2020) 277 FCR 420 Bochenski v Minister for Immigration and Border Protection [2017] FCAFC 68; (2017) 250 FCR 209 CKL21 v Minister for Home Affairs [2022] FCAFC 70 Duncan v Independent Commission Against Corruption [2016] NSWCA 143 FHHM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 19 FYBR v Minister for Home Affairs [2019] FCAFC 185; (2019) 272 FCR 454 KXXH v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1229 Minister for Home Affairs v DUA16 [2020] HCA 46; (2020) 271 CLR 550 Minister for Immigration and Border Protection v MZZMX [2020] FCAFC 175; (2020) 280 FCR 1 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; (2014) 231 FCR 437 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 264 CLR 541 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 Norbis v Norbis (1986) 161 CLR 513 RVJB v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 962 Shrestha v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 802 Tsvetnenko v United States of America [2019] FCAFC 74; (2019) 269 FCR 225 Vo v Minister for Home Affairs [2019] FCAFC 108; (2019) 269 FCR 566 WCJS v Minister for Home Affairs [2021] FCA 1093 YNQY v Minister for Immigration and Border Protection [2017] FCA 1466
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