Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Li v Minister for Immigration, Citizenship, Migrant Services and Multicultural [2022] FCA 1594 File number(s): VID 112 of 2021
Judgment of: MURPHY J
Date of judgment: 23 December 2022
Catchwords: MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal to affirm a decision to not revoke the cancellation of the applicant's visa pursuant to s 501CA(4) of the Migration Act 1958 (Cth) – whether the Tribunal failed to consider, misconstrued or misapplied the primary and other considerations under Ministerial Direction No. 79 – whether the Tribunal failed to consider relevant considerations, took into account irrelevant considerations, failed to engage in an active intellectual process in relation to the evidence and submissions, and/or acted illogically or irrationally in deciding that there was not 'another reason' why the visa cancellation decision should be revoked – application dismissed.
Legislation: Migration Act 1958 (Cth), ss 499(1), 501(3A), 501(6), 501(7), 501CA(3) and 501CA(4)
Cases cited: Applicant in WAD 230/2014 v Minister for Immigration and Border Protection (No 2) [2015] FCA 705; 148 ALD 117 Bettencourt v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 172; 287 FCR 294 Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 3; 289 FCR 21 FYBR v Minister for Home Affairs [2019] FCAFC 185; 272 FCR 454 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 HZCP v Minister for Immigration and Border Protection [2019] FCAFC 202; 273 FCR 121 Mayes v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1036 Minister for Immigration and Border Protection v Sabharwal [2018] FCAFC 160 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1: 231 FCR 437 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99 Minister for Immigration and Multicultural Affairs v "SRT" [1999] FCA 1197; (1999) 92 FCR 560 Minister for Immigration and Multicultural Affairs v Ali [2000] FCA 1385; 106 FCR 313 Muggeridge v Minister for Immigration and Border Protection [2017] FCAFC 200; 255 FCR 81 Nigro v Secretary to the Department of Justice [2013] VSCA 213; 304 ALR 535 QDQY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1394 R v Li, R v McKenzie; R v Pisasale [2020] QCA 39 Secretary to the Department of Justice and Regulation v LLF [2018] VSCA 155 Tanielu v Minister for Immigration and Border Protection [2014] FCA 673; 225 FCR 424
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