ALM22 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 506

Federal Court of Australia

ALM22 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 506 Appeal from: Application for judicial review: ALM22 and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2022] AATA 363

File number(s): SAD 18 of 2022

Judgment of: O'SULLIVAN J

Date of judgment: 24 May 2023

Catchwords: MIGRATION – application for judicial review of the Administrative Appeals Tribunal's decision pursuant to s 476A of the Migration Act 1958 (Cth) – applicant's visa revoked pursuant to s 501(3A) of the Act on the basis of a failure to pass the character test – where delegate refused to revoke the cancellation of the applicant's visa – where Tribunal affirmed the delegate's decision – whether there was another reason why the delegate's decision should be revoked pursuant to s 501CA(4) – whether Tribunal committed jurisdictional error in its consideration of Australia's non-refoulement obligations – whether Tribunal's finding that the applicant led no evidence in support of the non-refoulement claim was irrational and/or unreasonable – application dismissed

Legislation: Migration Act 1958 (Cth), ss 476A, 499(2A), 501(3A)(a), (b), 501CA(4)(b)

Cases cited: CKT20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 124 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 96 ALJR 497 SZULW v Minister for Immigration and Border Protection [2018] FCA 1335