Federal Court of Australia
Federal Court of Australia
Johnson v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1558 File number: NSD 308 of 2023
Judgment of: MARKOVIC J
Date of judgment: 11 December 2023
Catchwords: MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of the first respondent to refuse to grant a visa – whether Tribunal made a jurisdictional error in relation to the primary consideration of the expectations of the Australian community – whether the Tribunal restricted itself to the principles in paragraph 5.2 of Direction No. 90 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA – application dismissed
Legislation: Migration Act 1958 (Cth) ss 499 subs (1) and subs (2A), 501 subs (1) and subs (6), 501CA Direction No. 65 – Visa refusal and cancellation under s 501 and revocation of a mandatory cancellation of a visa under s 501CA Direction No. 90 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA
Cases cited: FYBR v Minister for Home Affairs (2019) 272 FCR 454 Minister for Immigration, Citizenship and Multicultural Affairs v HSRN (2023) 297 FCR 662 Plaintiff M1/2021 v Minister for Home Affairs (2022) 400 ALR 417; [2022] HCA 17 SZSZQ v Minister for Immigration and Border Protection [2018] FCA 403
Division: General Division
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