Federal Court of Australia
Federal Court of Australia
RBKG v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 405 Review of: RBKG and Minister for Immigration, Citizenship and Multicultural Affairs [2022] AATA 3434
File number: WAD 237 of 2022
Judgment of: COLVIN J
Date of judgment: 3 May 2023
Catchwords: MIGRATION - application for judicial review of decision of the Administrative Appeals Tribunal - where Administrative Appeals Tribunal affirmed decision of Minister's delegate to not revoke the cancellation of the applicant's visa - where applicant's criminal history includes convictions relating to child abuse of daughter and child exploitation material - where applicant alleges jurisdictional error due to the Tribunal's approach to the consideration of the best interests of one of the applicant's children - application dismissed
Legislation: Migration Act 1958 (Cth) ss 499, 501, 501CA
Division: General Division
Registry: Western Australia
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 25
Date of hearing: 27 April 2023
Counsel for the Applicant: Ms E Latif (pro bono)
Counsel for the First Respondent: Mr B McGlade
Solicitor for the First Respondent: Sparke Helmore Lawyers
Counsel for the Second Respondent: The second respondent filed a submitting notice save as to costs
ORDERS WAD 237 of 2022
BETWEEN: RBKG Applicant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
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