Federal Court of Australia
Federal Court of Australia
Thompson v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 161 Review of Application for judicial review: Ashley Thompson v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 4206
File number(s): VID 767 of 2021
Judgment of: MCELWAINE J
Date of judgment: 3 March 2023
Catchwords: MIGRATION – application for review of a decision of the Administrative Appeals Tribunal (Tribunal) – where applicant's visa was cancelled pursuant to s 501(3A) of the Migration Act 1958 (Cth) – whether the Tribunal failed to identify, understand and evaluate the applicant's representations relating to his identification as an Aboriginal Australian – where Applicant is not Aboriginal Australian by biological descent, but identifies as Aboriginal Australian, has close connections to the Aboriginal community and is recognised by an Aboriginal Elder – decision quashed – matter remitted to the Tribunal for hearing and determination according to law
Legislation: Judiciary Act 1903 (Cth) s 78B Migration Act 1958 (Cth) ss 476A, 501, 501CA Ministerial Direction No. 90 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA
Cases cited: Ashley Thompson v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 4206 Bettencourt v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 287 FCR 294; [2021] FCAFC 172 ETA067 v Republic of Nauru (2018) 92 ALJR 1003; [2018] HCA 46 Love v Commonwealth (2020) 270 CLR 152; [2020] HCA 3 Mabo v Queensland (No 2) (1992) 175 CLR 1 MZAPC v Minister for Immigration and Border Protection (2021) 95 ALJR 441; [2021] HCA 17 Nathanson v Minister for Home Affairs (2022) 96 ALJR 737; [2022] HCA 26 Plaintiff M1/2021 v Minister for Home Affairs (2022) 96 ALJR 497; [2022] HCA 17
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