Federal Court of Australia
Federal Court of Australia
BYW22 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 499 File number(s): VID 392 of 2022
Judgment of: COLLIER J
Date of judgment: 22 May 2023
Catchwords: MIGRATION - application for review of a migration decision of the Minister refusing revocation of an earlier visa cancellation decision –– where applicant's visa mandatorily cancelled due to substantial criminal history –whether Minister failed to constructively exercise jurisdiction – whether Minister gave consideration to a clearly articulated submission of the applicant – whether Minister's decision not to revoke the applicant's visa was infected by illogicality or was unreasonable - application dismissed
Legislation: Migration Act 1958 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Ayoub v Minister for Immigration and Border Protection (2015) 231 FCR 513 AZAEY v Minister for Immigration and Border Protection (2015) 238 FCR 341; [2015] FCAFC 193 CKL21 v Minister for Home Affairs (2022) 293 FCR 634; [2022] FCAFC 70 CWT17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 588 Goundar v Minister for Immigration and Border Protection [2016] FCA 1203 Minister for Home Affairs v Buadromo (2018) 267 FCR 320; [2018] FCAFC 151 Plaintiff M1/2021 v Minister for Home Affairs (2022) 400 ALR 417; [2022] HCA 17
Division: General Division
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