Tikomaimaleya v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 659

Federal Court of Australia

Tikomaimaleya v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 659 File number(s): NSD 1263 of 2021

Judgment of: GOODMAN J

Date of judgment: 20 June 2023

Catchwords: MIGRATION – application for judicial review of the decision of the respondent Minister not to revoke, under s 501CA(4) of the Migration Act 1958 (Cth), the earlier cancellation of the applicant's visa under s 501(3A) of the Act – whether the Minister failed to afford procedural fairness to the applicant by not inviting him to comment on two issues – whether the Minister failed to properly engage with and consider evidence and issues concerning impediments to be faced by the applicant upon removal from Australia – no jurisdictional error established – application dismissed

Legislation: Migration Act 1958 (Cth), ss 501, 501CA

Cases cited: Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd [1994] FCA 1074; (1994) 49 FCR 576 CQI18 v Minister for Home Affairs [2021] FCA 1168 Degning v Minister for Home Affairs [2019] FCAFC 67; (2019) 270 FCR 451 ECE21 v Minister for Home Affairs [2023] FCAFC 52 EXT20 v Minister for Home Affairs [2022] FCAFC 72; (2022) 291 FCR 55 F Hoffmann-La Roche & Co AG v Secretary of State for Trade and Industry [1975] AC 295 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; (2018) 267 FCR 628 KXXH v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 111; (2022) 292 FCR 15 Milne v Minister for Immigration and Citizenship [2011] FCAFC 41; (2011) 120 ALD 405 Minister for Home Affairs v Omar [2019] FCAFC 188; (2019) 272 FCR 589 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41; (2021) 96 ALJR 13 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 96 ALJR 497 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6; (2003) 214 CLR 1 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; (2006) 228 CLR 152 Telstra Corporation Ltd v Kendall (1995) 55 FCR 221 Tikomaimaleya v R [2017] NSWCCA 214; (2017) 95 NSWLR 315 Tikomaimaleya v The Queen [2021] HCASL 157