Federal Court of Australia
Federal Court of Australia
XRZG v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 783 Review of: Re XRZG and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] AATA 3952
File number: NSD 7 of 2023
Judgment of: KENNETT J
Date of judgment: 12 July 2023
Catchwords: MIGRATION – Application for orders setting aside decision of Administrative Appeals Tribunal affirming delegate of Minister's decision not to revoke mandatory visa cancellation under s 501CA(4) of Migration Act 1958 (Cth) – whether Tribunal's reasoning was unreasonable, illogical or irrational – whether Tribunal imposed impossible standard of proof or impermissible scepticism to material tendered by applicant – whether findings supported by evidence – whether open to Tribunal to find drugs more readily available in the community than in detention –whether Tribunal failed to engage in requisite intellectual process – application dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 30, 32, 33 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Migration Act 1958 (Cth) ss 499, 501, 501CA Drug Court Act 1998 (NSW) Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Cth), Direction No 90: Visa refusal and cancellation under section 501 and revocation of mandatory cancellation of a visa under section 501CA (8 March 2021)
Cases cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 3; 289 FCR 21 DQM18 v Minister for Home Affairs [2020] FCAFC 110; 278 FCR 529 L & B Linings Pty Ltd v WorkCover Authority of New South Wales [2012] NSWCA 15 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Border Protection v SZUXN [2016] FCA 516; 69 AAR 210 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 20; 206 CLR 323 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; 78 ALJR 992 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41; 96 ALJR 13 Muggeridge v Minister for Immigration and Broder Protection [2017] FCAFC 200; 255 FCR 81 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 96 ALJR 497 Plaintiff S156/2013 v Minister for Immigration and Border Protection [2014] HCA 22; 254 CLR 28 Plaintiff S183/2021 v Minister for Home Affairs [2022] HCA 15 Re Minister for Immigration and Multicultural Affairs; Ex parte S20/2002 [2003] HCA 30; 77 ALJR 1165 SZOOR v Minister for Immigration and Citizenship [2012] FCAFC 58; 202 FCR 1 Tickner v Chapman (1995) 57 FCR 451
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