Federal Court of Australia
Federal Court of Australia
Va'a v Minister for Immigration, Citizenship, Multicultural Affairs and Migration Services [2022] FCA 1412 Review of: Application for judicial review of Va'a v Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2022] AATA 573
File number: VID 175 of 2022
Judgment of: MCEVOY J
Date of judgment: 25 November 2022
Catchwords: MIGRATION – application for judicial review of decision of the Administrative Appeals Tribunal – Tribunal affirmed decision of Minister's delegate not to revoke a mandatory cancellation of a special category (subclass 444) visa pursuant to s 501CA(4) of the Migration Act 1958 (Cth) – no illogicality or irrationality in the Tribunal's reasons – no jurisdictional error – application dismissed.
Legislation: Migration Act 1958 (Cth) ss 501(3A), 501(7)(c), 501CA(4) Criminal Code 1899 (Qld) s 328A Police Powers and Responsibilities Act 2000 (Qld) s 754(2) Ministerial Direction No. 90 - Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA cl 5.2(4), 8.1.2, 9.4.1
Cases cited: Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CWY20 (2021) 288 FCR 565; [2021] FCAFC 195 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280; [1993] FCA 456 CQG15 v Minister for Immigration and Border Protection (2016) 253 FCR 496; [2016] FCAFC 146 Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 289 FCR 21; [2022] FCAFC 3 Hands v Minister for Immigration and Border Protection (2018) 267 FCR 628; [2018] FCAFC 225 Minister for Home Affairs v DUA16 (2020) 271 CLR 550; [2020] HCA 46 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611; [2010] HCA 16 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541; [2018] HCA 30 Plaintiff M1/2021 v Minister for Home Affairs (2022) 400 ALR 417; [2022] HCA 17
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