Federal Court of Australia
Federal Court of Australia
JVGD v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1253 Review of: JVGD and Minister for Immigration, Citizenship and Multicultural Affairs [2022] AATA 2830
File number: NSD 841 of 2022
Judgment of: JACKSON J
Date of judgment: 18 October 2023
Catchwords: MIGRATION - cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) - judicial review of Administrative Appeals Tribunal's decision under s 501CA not to revoke cancellation of visa - primary consideration of family violence - no consideration of whether applicant's former partner was a member of his family as required by mandatory ministerial direction - victim's familial relationship with applicant contestable - inference that Tribunal did not consider the question - jurisdictional error established - application allowed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 43 Migration Act 1958 (Cth) ss 499, 501, 501CA
Cases cited: Applicant S270/2019 v Minister for Immigration and Border Protection [2020] HCA 32 Deng v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1456 Deng v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 115; (2022) 293 FCR 509 Hong v Minister for Immigration and Border Protection [2019] FCAFC 55; (2019) 269 FCR 47 HZCP v Minister for Immigration and Border Protection [2019] FCAFC 202; (2019) 273 FCR 121 KXXH v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 111; (2022) 292 FCR 15 MBJY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 11; (2021) 284 FCR 152 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41; (2021) 274 CLR 398 Nathanson v Minister for Home Affairs [2022] HCA 26 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17 Rukuwai v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 67 Rukuwai v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 157 Uelese v Minister for Immigration and Border Protection [2015] HCA 15; (2015) 256 CLR 203 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116; (2018) 263 FCR 531
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