Federal Court of Australia
Federal Court of Australia
Aby v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 494 Appeal from: Aby v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 1042
File number(s): VID 747 of 2022
Judgment of: ANDERSON J
Date of judgment: 19 May 2023
Catchwords: MIGRATION – subclass 485 visa – whether delegate complied with s 120 of the Migration Act – whether delegate failed to consider evidence – whether delegate failed to make necessary inquiries – where delegate failed to give appellant notice of "relevant information" within the meaning of s 120 of the Migration Act – where jurisdictional error established.
Legislation: Migration Act 1958 (Cth)
Cases cited: Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Naikar v Minister for Immigration and Border Protection [2019] FCA 502 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17 SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 294 VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 236 FCR 549
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 58
Date of hearing: 2 May 2023
Counsel for the Appellant: Mr A Aleksov
Solicitor for the Appellant: Carina Ford Immigration Lawyers
Counsel for the Respondent: Ms K McKinnes
Solicitor for the Respondent: Australian Government Solicitor
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