Federal Court of Australia
Federal Court of Australia
Chiagozie v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 139 File number(s): NSD 812 of 2021
Judgment of: COLLIER J
Date of judgment: 1 March 2023
Catchwords: MIGRATION – review of migration decision – Direction No. 90 – visa refusal and cancellation under s 501 Migration Act 1958 (Cth) – revocation of mandatory cancellation of visa under s501CA - whether Administrative Appeals Tribunal denied procedural fairness – whether constructive failure to exercise jurisdiction – if decision of Tribunal illogical or irrational
Legislation: Migration Act 1958 (Cth)
Cases cited: Australian Communications and Media Authority v Today FM (Sydney) Pty Ltd (2015) 255 CLR 352 DFTD v Minister for Home Affairs [2020] FCA 859 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 197 ALR 389 Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1000 Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Baker [1997] FCR 187 R v Chiagozie [2018] NSWDC 298 Taulahi v Minister for Immigration and Border Protection (2018) 357 ALR 467 Taulahi v Minister for Immigration and Border Protection (2018) 357 ALR 467; [2018] FCAFC 22
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