Federal Court of Australia
Federal Court of Australia
Jadidi v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1560 Review of: Jadidi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] AATA 2217
File number: NSD 557 of 2022
Judgment of: LOGAN J
Date of judgment: 18 November 2022
Catchwords: MIGRATION – application for issue of writs of certiorari and mandamus to Administrative Appeals Tribunal (Tribunal) – where Tribunal determined not to revoke mandatory cancellation under s 501(3A) of the Migration Act 1958 (Cth) – whether Tribunal's reasons exhibited irrationality or illogicality – where Tribunal alleged to have inconsistently dealt with the issue of applicant's previous employment – where reasons for decision read fairly as a whole do not disclose any inconsistency – whether Tribunal failed to deal with applicant's claim that he would be required to undertake compulsory military service – where reference to prospect of military service in documents before the original decision maker and Tribunal was no more than passing – where Tribunal not obliged to second-guess issues which might have been raised and consider those apprehended issues – application dismissed
Legislation: Constitution s 51 Administrative Appeals Tribunal Act 1975 (Cth) s 43 Migration Act 1958 (Cth) ss 499, 500, 501
Cases cited: Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088 Frugtniet v Australian Securities and Investments Commission (2019) 266 CLR 250 Hong v Minister for Immigration and Border Protection (2019) 269 FCR 47 Jebb v Repatriation Commission (1988) 80 ALR 329 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Love v Commonwealth (2020) 270 CLR 152 Plaintiff M1/2021 v Minister for Home Affairs (2022) 96 ALJR 497 Re Easton and Repatriation Commission (1987) 6 AAR 558 Shell Co of Australia Ltd v Federal Commissioner of Taxation (1930) 44 CLR 530 Shi v Migration Agents Registration Authority (2008) 235 CLR 286
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate