BNY23 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 301

FEDERAL COURT OF AUSTRALIA

BNY23 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 301 Review of: Decision of the Administrative Appeals Tribunal

File number(s): QUD 265 of 2023

Judgment of: DOWNES J

Date of judgment: 28 March 2024

Catchwords: MIGRATION – application for issue of writs of certiorari and mandamus to Administrative Appeals Tribunal (Tribunal) – where Tribunal affirmed decision not to revoke mandatory cancellation under s 501(3A) of the Migration Act 1958 (Cth) of applicant's Refugee (Class XB) (subclass 200) visa – whether Tribunal failed to comply with ministerial direction by failing to consider a representation – whether Tribunal made a finding unsupported by evidence – whether errors alleged were material – application dismissed

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

Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473; [2003] HCA 71 GBV18 v Minister for Home Affairs (2020) 274 FCR 202; [2020] FCAFC 17 GXXS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 468 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2023) 297 FCR 1; [2023] FCAFC 64 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 MZAPC v Minister for Immigration and Border Protection (2021) 273 CLR 506; [2021] HCA 17 Plaintiff M1/2021 v Minister for Home Affairs (2022) 275 CLR 582; [2022] HCA 17