WQKK v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 535

Federal Court of Australia

WQKK v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 535 Review of: Re WQKK and Minister for Immigration, Citizenship and Multicultural Affairs [2022] AATA 4773

File number: NSD 99 of 2023

Judgment of: KENNETT J

Date of judgment: 26 May 2023

Catchwords: MIGRATION – Application for extension of time under r 31.23 of Federal Court Rules 2011 (Cth) to lodge application for review of migration decision – where delay by Tribunal in provision of reasons – application not opposed – extension granted MIGRATION – Mandatory cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) – whether another reason why the cancellation decision should be revoked under s 501CA(4) – whether Tribunal failed to consider relevant evidence – whether Tribunal misapplied s 501(4)(b)(ii) – error established – decision quashed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 43, 43AA Migration Act 1958 (Cth) ss 486I, 499, 501, 501CA

Cases cited: ECE21 v Minister for Home Affairs [2023] FCAFC 52 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 95 ALJR 441 NBMZ v Minister for Immigration and Border Protection [2014] FCAFC 38; 220 FCR 1 Neat Domestic Trading Pty Ltd v AWB Ltd [2003] HCA 35; 216 CLR 277 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 96 ALJR 497 Shi v Migration Agents Registration Authority [2008] HCA 31; 235 CLR 286 Re FRLH and the Minister for Immigration and Citizenship, Migrant Services and Multicultural Affairs [2022] AATA 58