Federal Court of Australia
Federal Court of Australia
AUP21 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 442 Review of: Decision of Administrative Appeals Tribunal delivered on 14 September 2023.
File number: VID 883 of 2023
Judgment of: ROFE J
Date of judgment: 30 April 2024
Catchwords: MIGRATION – application for judicial review of a non-revocation decision of the Administrative Appeal Tribunal – whether the Tribunal misapplied para 8.2 of Direction 99 with respect to family violence – whether the Tribunal misunderstood the evidence regarding family violence – consideration of materiality following LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 – interpretation of para 8.2(2)(b) of Direction 99 – application dismissed
Legislation: Migration Act 1958 (Cth) Domestic and Family Violence Protection Act 1989 (Qld)
Cases cited: Aghbolagh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affair [2023] FCA 43 BOE21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1429 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 Matthews v Minister for Home Affairs [2020] FCAFC 146 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Plaintiff M1/2021 v Minister for Home Affairs (2022) 275 CLR 582
Division: General Division
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