NRWQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 950

Federal Court of Australia

NRWQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 950 Review of: NRWQ and Minister for Immigration, Citizenship and Multicultural Affairs (Migration) [2022] AATA 2879

File number(s): VID 557 of 2022

Judgment of: BUTTON J

Date of judgment: 15 August 2023

Catchwords: MIGRATION – visas – application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) – where Tribunal affirmed decision of a delegate of the Minister to refuse to grant the applicant a visa – whether Tribunal failed to consider applicant's representation – whether error material – application dismissed

Legislation: Migration Act 1958 (Cth) ss 501, 501CA Direction No 90 — Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA (8 March 2021)

Cases cited: Chamoun v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 276 FCR 75 GNRK v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 292 FCR 262 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 64 Minister for Home Affairs v Omar (2019) 272 FCR 589 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane (2021) 274 CLR 398 Nathanson v Minister for Home Affairs (2022) 96 ALJR 737; [2022] HCA 26 Navoto v Minister for Home Affairs [2019] FCA 295 Navoto v Minister for Home Affairs [2019] FCAFC 135 Plaintiff M1/2021 v Minister for Home Affairs (2022) 96 ALJR 497; [2022] HCA 17 XTLP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 646