Federal Court of Australia
Federal Court of Australia
BKX23 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 585 File number: NSD 936 of 2022
Judgment of: STEWART J
Date of judgment: 5 June 2023
Catchwords: MIGRATION – character cancellation – whether "another reason" for revocation of cancellation of partner visa under s 501CA(4) of the Migration Act 1958 (Cth) – mental health of applicant and extent of health care available to applicant if removed considered under Direction No 90 – whether Tribunal "acted under dictation" by adopting the reasons and conclusions of earlier Tribunal decision regarding applicant's mental health in the context of application for protection visa – whether earlier Tribunal decision was unsatisfactory – application dismissed
Legislation: Migration Act 1958 (Cth) ss 476A, 501(3A), 501CA(4)
Cases cited: Ali v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1311 Bread Manufacturers of NSW v Evans [1981] HCA 69; 180 CLR 404 Evans v Donaldson [1909] HCA 46; 9 CLR 140 HZCP v Minister for Immigration and Border Protection [2019] FCAFC 202; 273 FCR 121 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 400 ALR 417 WQKK v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 535
Division: General Division
Registry: New South Wales
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