Federal Court of Australia
Federal Court of Australia
WVJB v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 320 Review of: Application for review of a migration decision by the Administrative Appeals Tribunal made on 22 May 2023
File number: VID 464 of 2023
Judgment of: SNADEN J
Date of judgment: 3 April 2024
Catchwords: MIGRATION – application for judicial review of decision not to revoke cancellation of visa – where visa mandatorily cancelled pursuant to s 501(3A) of the Migration Act 1958 (Cth) (the Act) – where decision not to revoke made in part because of expectations of the Australian community – where Direction 99 deemed expectations of the Australian community – whether Direction 99 was an unlawful fetter of the exercise of power under s 501CA(4) of the Act – whether decision failed to consider submissions regarding the weight that ought to have attached to the expectations of the Australian community – application dismissed
Legislation: Migration Act 1958 (Cth) ss 476A, 499, 501, 501CA
Cases cited: Abebe v Commonwealth (1999) 197 CLR 510 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 Demir v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 870 FYBR v Minister for Home Affairs [2019] FCAFC 185 Jones v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 137 Kumar v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 94 Manebona v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2023) 298 FCR 516 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 164 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Plaintiff M1/2021 v Minister for Home Affairs (2022) 96 ALJR 497 QHRY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 827 WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 XXBN v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 74
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