Federal Court of Australia
Federal Court of Australia
Rukuwai v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 67 Review of: Rukuwai and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2022] AATA 2201
File number: NSD 536 of 2022
Judgment of: RAPER J
Date of judgment: 8 February 2023
Catchwords: MIGRATION – application for review of a decision of the Administrative Appeals Tribunal which had affirmed the decision of the delegate of the first respondent to refuse to revoke the cancellation of the applicant's Special Category (Class TY) (subclass 444) visa, pursuant to s 501CA(4) of the Migration Act 1958 (Cth) – whether the Tribunal failed to carry out its statutory task of review by not considering whether the applicant's former spouse was a "family member" for the purpose of the definition of "family violence" within Direction 90 – whether the Tribunal's decision was otherwise legally unreasonable – application dismissed
Legislation: Family Law Act 1975 (Cth) ss 4AB, 4(1AB) Migration Act 1958 (Cth) ss 5CB, 5CB(2)(b), 5F, 5F(2)(c), 5G, 5G(2), s 499, 499(2A), 501(3A), 501(6)(a), 501(7)(c), 501CA, 501CA(4), 501CA(4)(b)(ii) Migration Regulations 1994 (Cth) regs 1.12, 1.12(2), 1.23, 1.23(3), 1.23(5), 1.23(7), 1.23(12) and 1.23(14); Sch 2 cll 820.211(2)(a), 820.221(3)(b)(i) Direction No 90 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA
Cases cited: ABT17 v Minister for Immigration and Border Protection [2020] HCA 34; 269 CLR 439 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 22 CKT20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 124 Deng v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 115; 403 ALR 232 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; 267 FCR 628 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Muggeridge v Minister for Immigration and Border Protection [2017] FCAFC 200; 255 FCR 81 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 400 ALR 417 Webb v Minister for Home Affairs [2020] FCA 831; 170 ALD 511
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