Federal Court of Australia
Federal Court of Australia
Nguyen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 150 Review of: Nguyen and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2022] AATA 2357
File number: NSD 696 of 2022
Judgment of: STEWART J
Date of judgment: 1 March 2023
Catchwords: MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) to affirm a decision of a delegate of the Minister to refuse to grant a visa pursuant to s 501(1) of the Migration Act 1958 (Cth) – whether the Tribunal fell into error by making findings that are irrational or lacking a reasonable basis – whether impugned findings are material to the Tribunal's decision – review upheld
Legislation: Migration Act 1958 (Cth) ss 476A, 501(1), 501(6), 501(7)
Cases cited: MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 390 ALR 590 Nathanson v Minister for Home Affairs [2022] HCA 26; 403 ALR 398 Plaintiff S183/2021 v Minister for Home Affairs [2022] HCA 15; 399 ALR 644
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 52
Date of hearing: 15 December 2022
Counsel for the Applicant: N Poynder
Solicitors for the Applicant: DNG Lawyers & Migration
Counsel for the First Respondent: N Wootton
Solicitors for the First Respondent: Australian Government Solicitor
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