Federal Court of Australia
Federal Court of Australia
Heffernan v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 626 Review of: Decision of Administrative Appeals Tribunal delivered by Senior Member Theodore Tavoularis on 20 March 2023
File number(s): QUD 142 of 2023
Judgment of: COLLIER ACJ
Date of judgment: 13 June 2024
Catchwords: MIGRATION - review of decision of Administrative Appeals Tribunal – ss 347 & 500 Migration Act 1958 (Cth) - Minister refused application for Return (Residence) (Class BB) Visa - whether Tribunal had jurisdiction to review decision of Minister – whether non-citizen had to be physically in migration zone when application for review was made
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 25, 29 Migration Act 1958 (Cth) ss 338, 347, 348, 476A, 500, 501
Cases cited: Adekoya v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1400 Assi v Minister for Immigration [2005] FMCA 260 Gajjar v Minister for Immigration and Citizenship (Matter No B72 of 2012) Nguyen & Ors the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Matter No C1 of 2022, 31 March 2022, High Court of Australia)
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 45
Date of hearing: 14 September 2023
Counsel for the Applicant: Mr P Nolan
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