Federal Court of Australia
Federal Court of Australia
Nguyen v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 595 Review of: Nguyen and Minister for Immigration, Citizenship and Multicultural Affairs (Migration) [2023] AATA 4237
File number: NSD 1563 of 2023
Judgment of: JACKMAN J
Date of judgment: 23 May 2024
Catchwords: MIGRATION – judicial review of decision of Administrative Appeals Tribunal affirming decision not to revoke cancellation of visa pursuant to Migration Act 1958 (Cth) s 501CA(4) – whether failure to consider representation regarding impact of non-revocation on applicant's nephews – whether misapplication of Direction 99 in assessment of best interests of minor children – application dismissed
Legislation: Migration Act 1958 (Cth) ss 501, 501CA Direction No 99, "Visa Refusal and Cancellation under s 501 and Revocation of a Mandatory Cancellation of a Visa under s 501CA" (23 January 2023)
Cases cited: Jabari v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 98; (2023) 298 FCR 431 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216; (2018) 267 FCR 643 Nguyen v Minister for Home Affairs [2019] FCAFC 128; (2019) 270 FCR 555 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 275 CLR 582
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
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