Federal Court of Australia
Federal Court of Australia
Demir v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 870 Review of: Demir v Minister for Immigration, Citizenship and Multicultural Affairs [2023] AATA 62
File number: NSD 83 of 2023
Judgment of: KENNETT J
Date of judgment: 31 July 2023
Catchwords: MIGRATION – Application for review of 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) – relevance of family violence offending to "primary considerations" in Direction No 90 – whether Tribunal impermissibly "double counted" family violence offending – application dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 43 Migration Act 1958 (Cth) ss 499, 501, 501CA 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: Aksu v Minister for Immigration and Multicultural Affairs [2001] FCA 514; 65 ALD 667 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Australian Competition and Consumer Commission v Telstra Corporation Ltd [2009] FCAFC 68; 176 FCR 203 Bale v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 646 Djokovic Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 3; 289 FCR 21 Enichem ANIC Srl v Anti-Dumping Authority (1992) 39 FCR 458 Howells v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 327; 139 FCR 580 Jagroop v Minister for Immigration and Border Protection [2016] FCAFC 48; 241 FCR 461 Khan v Minister for Immigration and Ethnic Affairs (unreported, Gummow J, 11 December 1987; noted (1987) 14 ALD 291, 292) Kumar v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 94 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21; 197 CLR 611 Parramatta City Council v Pestell (1972) 128 CLR 305 Telstra Corporation Ltd v Australian Competition and Consumer Commission [2008] FCA 1758; 176 FCR 153 XSLJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1138
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