Federal Court of Australia
Federal Court of Australia
Mitchell v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 526 File number(s): VID 574 of 2023
Judgment of: HESPE J
Date of judgment: 20 May 2024
Catchwords: MIGRATION – application for extension of time – application for judicial review of decision of the Minister made under s 501CA(4) of the Migration Act 1958 (Cth) to refuse to revoke the cancellation of the Applicant's visa (the Decision) – whether the Decision was affected by jurisdictional error – whether the Applicant was denied procedural fairness – whether the Minister had a probative basis for finding that the Applicant posed a risk of reoffending in a similar fashion – whether the Minister failed to consider representations by the Applicant relating to his ties to Australia
Legislation: Migration Act 1958 (Cth) ss 477A, 501, 501CA
Cases cited: CKL21 v Minister for Home Affairs [2022] FCAFC 70; (2022) 293 FCR 634 Commissioner for Revenue (ACT) v Alphaone Pty Ltd [1994] FCA 1074; (1994) 49 FCR 576 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 MZARV v Minister for Home Affairs [2018] FCA 809 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 275 CLR 582 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; (2006) 228 CLR 152
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
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