Federal Court of Australia
Federal Court of Australia
RDYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 254 Review of: RDYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2022] AATA 2738
File number(s): NSD 813 of 2022
Judgment of: WIGNEY J
Date of judgment: 20 March 2024
Catchwords: MIGRATION – where the applicant's visa was mandatorily cancelled on character grounds pursuant to s 501(3A) of the Migration Act 1958 (Cth) – where a delegate of the Minister decided not to revoke the visa cancellation pursuant to s 501CA(4) – where the Administrative Appeals Tribunal affirmed the delegate's decision – application for review of the Tribunal's decision – consideration of Direction No. 90 made under s 499 of the Migration Act 1968 (Cth) – application dismissed with costs
Legislation: Criminal Code Act 1994 (Cth) Migration Act 1958 (Cth) ss 499, 501(3A), 501CA Direction No. 90, Migration Act 1958 (Cth), made 8 March 2021 Criminal Code Act 1899 (Qld)
Cases cited: Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280; [1993] FCA 456 Craig v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2021] FCAFC 196 DBWG v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCAFC 3 Dunn v Minister for Immigration and Border Protection [2016] FCA 489 GCXD and Minister for Home Affairs (Migration) [2019] AATA 5162 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; [2019] HCA 3 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 Minister for Immigration, Citizenship and Multicultural Affairs v HSRN (2023) 297 FCR 662 [2023] FCAFC 68 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane (2021) 274 CLR 398; [2021] HCA 41 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Mukiza (2022) 291 FCR 568; [2022] FCAFC 89 Moana v Minister for Immigration and Broder Protection (2015) FCR 367; [2015] FCAFC 54 Plaintiff M1/2021 v Minister for Home Affairs (2022) 275 CLR 582; [2022] HCA 17 Tanielu v Minister for Immigration and Border Protection (2014) 225 FCR 424; [2014] FCA 673
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