Federal Court of Australia
Federal Court of Australia
Korat v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1333 Appeal from: Decision of the Administrative Appeals Tribunal dated 20 June 2023
File number(s): NSD 754 of 2023
Judgment of: JACKMAN J
Date of judgment: 17 November 2023
Catchwords: MIGRATION – application for judicial review of decision of the Administrative Appeals Tribunal (Tribunal) affirming decision of a delegate of the Minister not to revoke the cancellation of the applicant's visa – whether the Tribunal's decision was affected by jurisdictional error by reason of using the applicant's witness "against him" and failing to provide notice of this finding – whether the Tribunal's decision was so illogical or irrational that no reasonable person could have made it – application dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 62 Migration Act 1958 (Cth) ss 476A, 499, 501, 501CA, 501G
Cases cited: Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Demir v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 870 Khalil v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 26 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; (2014) 231 FCR 437 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; (2010) 243 CLR 164 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 NADH of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 328; (2004) 214 ALR 264 Re Refugee Review Tribunal; Ex parte Aala [2000] HCA 57; (2000) 204 CLR 82 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] 8 HCA 63; (2006) 228 CLR 152 TGWR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 200 YKSB v Minister for Home Affairs [2020] FCA 476
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