Federal Court of Australia
Federal Court of Australia
Khalil v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1528 Review of: Application for judicial review of Khalil and Minister for Immigration, Citizenship, and Multicultural Affairs (Migration) [2022] AATA 3563
File number: VID 690 of 2022
Judgment of: MOSHINSKY J
Date of judgment: 6 December 2023
Catchwords: MIGRATION – application for judicial review of decision of the Administrative Appeals Tribunal – where delegate of the Minister refused visa on character grounds – where the applicable Ministerial Direction under s 499 of the Migration Act 1958 (Cth) at the time of the application for review was Direction 65 – where the Minister subsequently made Direction 79 – where the Minister subsequently made Direction 90 – where the Tribunal applied Direction 90 in conducting the review – whether the Tribunal fell into jurisdictional error by applying Direction 90 rather than Direction 65 – held: the Tribunal did not fall into jurisdictional error
Legislation: Acts Interpretation Act 1901 (Cth), ss 7, 8, 13, 46 Legislative Instruments Act 2003 (Cth) Migration Act 1958 (Cth), ss 499, 501
Cases cited: Esber v Commonwealth [1992] HCA 20; (1992) 174 CLR 430 Jagroop v Minister for Immigration and Border Protection [2016] FCAFC 48; 241 FCR 461 Lee v Secretary, Department of Social Security (1996) 68 FCR 491 Nathanson v Minister for Home Affairs [2022] HCA 26; 96 ALJR 737 Repatriation Commission v Keeley [2000] FCA 532; 98 FCR 108
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