Federal Court of Australia
Federal Court of Australia
Garland v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 247 Review of: Garland and Minister for Immigration, Citizenship and Multicultural Affairs [2022] AATA 2022
File number: WAD 152 of 2022
Judgment of: COLVIN J
Date of judgment: 23 March 2023
Catchwords: MIGRATION - application for judicial review of decision of the Australian Administrative Appeals Tribunal - where alleged jurisdictional error by reason of misapplying or misconstruing Direction No. 90 para 9.4.1(2)(a)(ii) - where applicant alleged Tribunal conflated contributing positively to the Australian community with community work - where error was alleged to be material to the outcome - application dismissed
Legislation: Migration Act 1958 (Cth) ss 499, 501, 501CA
Cases cited: BLBY v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 128 Bochenski v Minister for Immigration and Border Protection [2017] FCAFC 68; (2017) 250 FCR 209 BOE21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 99 FCFY v Minister for Home Affairs (No 2) [2019] FCA 1990 FHHM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 19 LJTZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1209 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17
Division: General Division
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