Federal Court of Australia
Federal Court of Australia
RPQB v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1419 Review of: RPQB and Minister for Immigration, Citizenship and Multicultural Affairs [2022] AATA 3192
File number: VID 641 of 2022
Judgment of: ROFE J
Date of judgment: 17 November 2023
Catchwords: MIGRATION – decision of the Administrative Appeals Tribunal affirming decision of the Minister not to revoke mandatory cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) – whether decision of the Tribunal affected by jurisdictional error – whether the Tribunal misunderstood the evaluative task under s 501CA(4)(b)(ii) as requiring the exercise of discretion – whether Tribunal failed to consider health and age of the applicant – where application alleges Tribunal's approach was legally unreasonable – Tribunal not required to consider claims not raised before it – application dismissed
Legislation: Migration Act 1958 (Cth)
Cases cited: Assistant Minister for Immigration and Border Protection v Splendido (2019) 271 FCR 595 Au v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 295 FCR 315 BKTS v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 729 Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 201 CLR 293 DTR21 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1237 GXXS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 468 Ibrahim v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 450 King v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 152 LRMM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1039 Manebona v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023)] FCAFC 116 Minister for Home Affairs v Omar (2019) 272 FCR 589 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane (2021) 274 CLR 398 MZAPC v Minister for Immigration and Border Protection (2021) 273 CLR 506 Nathanson v Minister for Home Affairs (2022) 403 ALR 398 QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 287 FCR 328 QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2023) 409 ALR 65 Tsvetnenko v United States of America (2019) 269 FCR 225 Williams v Minister for Immigration and Border Protection (2014) 226 FCR 112
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