Federal Court of Australia
Federal Court of Australia
Morgan v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 392 Appeal from: Application for judicial review of Morgan and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2022] AATA 189 (9 February 2022)
File number: VID 292 of 2022
Judgment of: HESPE J
Date of judgment: 1 May 2023
Catchwords: MIGRATION – judicial review of decision of Administrative Appeals Tribunal – decision under s 501CA(4) of the Migration Act 1958 (Cth) – refusal to revoke mandatory cancellation of visa – Direction 90 – whether Tribunal considered impact of Applicant's verbal comprehension impairment or risk of depression in considering the impediments to removal – whether Tribunal failed to consider countervailing considerations in considering relative weight to be given to expectations of Australian community – whether Tribunal formed own view of expectations of Australian community
Legislation: Migration Act 1958 (Cth) ss 499, 500, 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: AYY17 v Minister for Immigration and Border Protection [2018] FCAFC 89; (2018) 261 FCR 503 FCFY v Minister for Home Affairs (No 2) [2019] FCA 1990 FYBR v Minister for Home Affairs [2019] FCAFC 185; (2019) 272 FCR 454 Kasupene v Minister for Immigration and Citizenship [2008] FCA 1609 Kelly v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 396 Manebona v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 730 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17 SZUTM v Minister for Immigration and Border Protection [2016] FCA 45; (2016) 241 FCR 214 WCGD v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1419
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