Federal Court of Australia
Federal Court of Australia
WCGD v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1419 File number(s): WAD 303 of 2020
Judgment of: THAWLEY J
Date of judgment: 28 November 2022
Catchwords: MIGRATION – mandatory revocation under s 501(3A) of the Migration Act 1958 (Cth) – failure to take into account depression when considering "extent of impediments" for the purpose of paragraph 14.5(1) of Direction 79 – failure adequately to consider applicant's health under paragraph 14.5(1) of Direction 79 – application allowed
Legislation: Migration Act 1958 (Cth) ss 476A, 499, 501, 501CA
Cases cited: FCFY v Minister for Home Affairs (No 2) [2019] FCA 1990 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Mukiza [2022] FCAFC 89 Mukiza v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1503 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 400 ALR 417
Division: General Division
Registry: Western Australia
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 65
Date of hearing: 24 November 2022
Counsel for the Applicant: Dr J Donnelly
Solicitor for the Applicant: Zarifi Lawyers
Counsel for the First Respondent: Ms C Taggart
Solicitor for the First Respondent: Australian Government Solicitor
Counsel for the Second Respondent: The second respondent filed a submitting notice save as to costs
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