Federal Court of Australia
Federal Court of Australia Mamatta v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1077 Review of: Mamatta and Minister for Immigration, Citizenship and Multicultural Affairs (Migration) [2023] AATA 133
File number(s): QUD 93 of 2023
Judgment of: DOWNES J
Date of judgment: 14 September 2023
Catchwords: MIGRATION – application for issue of writs of certiorari and mandamus to Administrative Appeals Tribunal (Tribunal) – where Tribunal affirmed decision not to revoke mandatory cancellation under s 501(3A) of the Migration Act 1958 (Cth) of applicant's Class TU Student (subclass 500) visa – whether Tribunal misunderstood applicant's arguments – whether Tribunal misunderstood Minister's discretion to grant permanent visas – whether Tribunal failed to consider a representation – writs of certiorari and mandamus issued
Legislation: Migration Act 1958 (Cth) ss 65, 351, 501(3A), 501(6), 501(7)(c), 501CA(3), 501CA(4), 501CA(5) Migration Regulations 1994 (Cth) cl 309.226, Sch 5, item 5001
BVD17 v Minister for Immigration and Border Protection (2019) 268 CLR 29; [2019] HCA 34 Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 201 CLR 293; [2000] HCA 19 DLJ18 v Minister for Home Affairs (2019) 273 FCR 66; [2019] FCAFC 236 Guclukol v Minister for Home Affairs (2020) 279 FCR 611; [2020] FCAFC 148 JZGW v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1333 Mamatta v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 637 Cases cited: Minister for Home Affairs v Omar (2019) 272 FCR 589; [2019] FCAFC 188 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; [2019] HCA 3 MZAPC v Minister for Immigration and Border Protection (2021) 273 CLR 506; [2021] HCA 17 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611; [2010] HCA 16 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1; [2004] FCAFC 263 Plaintiff M1/2021 v Minister for Home Affairs (2022) 178 ALD 304; [2022] HCA 17 Soliman v University of Technology, Sydney and Another (2012) 207 FCR 277; [2012] FCAFC 146
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