Federal Court of Australia
Federal Court of Australia
Manebona v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 402 Review of: Manebona and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2023] AATA 4123 (12 December 2023)
File number: NSD 3 of 2024
Judgment of: STEWART J
Date of judgment: 22 April 2024
Catchwords: MIGRATION – visa cancelled on character grounds – application for judicial review of Tribunal's decision to affirm decision of the delegate not to revoke cancellation – whether Tribunal misapplied a direction it was bound to apply – whether Tribunal overlooked material – whether failure to take relevant material into account satisfies threshold of materiality – whether Tribunal had a duty to make inquiries about relevant material – Tribunal's decision set aside
Legislation: Migration Act 1958 (Cth) ss 476A, 499, 501, 501(3A), 501(6), 501(7), 501CA(4)
Cases cited: Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 72; 225 CLR 88 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; 236 FCR 593 BHA17 [2018] FCAFC 68; 260 FCR 523 Ismail v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 2; 98 ALJR 196 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 Manebona v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 730 Manebona v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 116; 298 FCR 516 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; 259 ALR 429 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41; 274 CLR 398 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 275 CLR 582 Sowa v Minister for Home Affairs [2019] FCAFC 111; 269 ALR 389 Uelese v Minister for Immigration and Broder Protection [2015] HCA 15; 256 CLR 203
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