SGTX v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 27

Federal Court of Australia

SGTX v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 27 Review of: SGTX and Minister for Immigration, Citizenship and Multicultural Affairs (Migration) [2022] AATA 2536 (10 August 2022)

File number(s): VID 643 of 2022

Judgment of: HESPE J

Date of judgment: 29 January 2024

Catchwords: MIGRATION – application for extension of time for judicial review of decision of Administrative Appeals Tribunal affirming decision not to revoke mandatory cancellation of visa – whether Tribunal fell into error by making an irrational or legally unreasonable finding about Applicant's future risk of re-offending – whether the Tribunal fell into error by making a decision that was legally unreasonable or by not giving due consideration to Applicant's representations that he was de facto stateless

Legislation: Migration Act 1958 (Cth) ss 499, 500, 501, 501CA

Cases cited: CKL21 v Minister for Home Affairs [2022] FCAFC 70; (2022) 293 FCR 634 DCP16 v Minister for Immigration and Border Protection [2019] FCAFC 91 Garland v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 144 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 Khalil v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1134 Minister for Immigration and Border Protection v Sabharwal [2018] FCAFC 160 Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; (2010) 243 CLR 164 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 400 ALR 417 RJE v Secretary to the Department of Justice (2008) 21 VR 526 Tanielu v Minister for Immigration and Border Protection [2014] FCA 673; (2014) 225 FCR 424