Federal Court of Australia
Federal Court of Australia
Bloomfield v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1339 File number: NSD 636 of 2023
Judgment of: NICHOLAS J
Date of judgment: 2 November 2023
Catchwords: MIGRATION – whether application for review of decision of Delegate of Minister for Immigration, Citizenship and Multicultural Affairs ("Minister") cancelling the applicant's Return Resident Visa ("Visa") pursuant to s 501(2) of the Migration Act 1958 (Cth) ("Act") was within jurisdiction conferred by s 476A of Act – where applicant previously sought review of Delegate's decision by the Administrative Appeals Tribunal ("Tribunal") which subsequently affirmed Delegate's decision – where applicant previously sought judicial review of Tribunal's decision – where application for review of Tribunal's decision discontinued by applicant – whether in this proceeding applicant seeks judicial review of Delegate's decision – whether application should be dismissed pursuant to r 31.24(5) of the Federal Court Rules 2011 (Cth) ("FCR") Held: application dismissed pursuant to r 31.24(5) of FCR
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 44(3), 45(2) Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 476A, 501(2) Federal Court Rules 2011 (Cth) rr 4.12, 4.16, 31.24
Cases cited: Moss v Minister for Immigration and Border Protection [2017] FCA 1243 Ninsiri v Minister for Home Affairs [2019] FCA 363
Division: General Division
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