Federal Court of Australia
Federal Court of Australia
Tonga v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1179 Review of: Application for judicial review of Tonga v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] AATA 2484
File number(s): QUD 316 of 2022
Judgment of: Sarah C DERRINGTON J
Date of judgment: 6 October 2023
Catchwords: MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal to affirm decision of delegate to mandatorily cancel visa pursuant to s 501(3A) of the Migration Act 1958 (Cth) – whether Tribunal misunderstood and so misapplied s 9.4.2 of Direction 90 when considering the effect of cancellation of applicant's visa on Australian business interests – whether the Tribunal omitted to consider evidence relevant to the business interests consideration
Legislation: Migration Act 1958 (Cth) ss 499(1), 499(2A), 501(3A), 501(6)(a), 501(7)(c), 501CA(3), 501CA(4)
Cases cited: Arachchi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1311 AYY17 v Minister for Immigration and Border Protection [2018] FCAFC 89; 261 FCR 503 GXXS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 468 Knight v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 127 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; (2021) 95 ALJR 441 Singh v Minister for Home Affairs [2019] FCA 905
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