Federal Court of Australia
Federal Court of Australia
Reid v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1076 File number(s): SAD 33 of 2023
Judgment of: MCELWAINE J
Date of judgment: 12 September 2023
Catchwords: MIGRATION – application for review of a visa cancellation decision pursuant to s 476A of the Migration Act 1958 (Cth) – whether Administrative Appeals Tribunal (Tribunal) was required to have regard to Ministerial Direction that had been issued but not yet commenced – whether Tribunal erred in its application of the tolerance principle – application refused
Legislation: Migration Act 1958 (Cth) s 476A, 499, 501C Ministerial Direction No. 90 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA Ministerial Direction No. 99 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA
Cases cited: FHHM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 19 FYBR v Minister for Home Affairs [2019] FCAFC 185; 272 FCR 454 Reid v Minister for Immigration, Citizenship and Multicultural Affairs [2023] AATA 79 Rokobatini v Minister for Immigration and Multicultural Affairs [1999] FCA 1238; 90 FCR 583 Trout v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 583
Division: General Division
Registry: South Australia
National Practice Area: Administrative and Constitutional Law and Human Rights
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