Kim v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 294

Federal Court of Australia

Kim v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 294 Review of: Kim and Minister for Immigration, Citizenship, and Multicultural Affairs (Migration) [2023] AATA 3212

File number: NSD 1296 of 2023

Judgment of: JACKMAN J

Date of judgment: 26 March 2024

Catchwords: MIGRATION – judicial review of decision of Administrative Appeals Tribunal affirming decision not to revoke cancellation of visa pursuant to Migration Act 1958 (Cth) s 501CA(4) – where alleged that tribunal did not respond to factual contention – where tribunal observed that statutory task under s 501CA(4) involves an exercise of discretion – application dismissed

Legislation: Migration Act 1958 (Cth) s 501CA(4)

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 Arachchi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1311 Au v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 125; (2022) 295 FCR 315 Au v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1240 JSMJ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1466 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41; (2021) 274 CLR 398 Pewhairangi v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1322 QYFM v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2023] FCAFC 195