Federal Court of Australia
Federal Court of Australia
Ross v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 734 Review of Ross and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2023] AATA 2103
File number(s): QUD 383 of 2023
Judgment of: MEAGHER J
Date of judgment: 8 July 2024
Catchwords: MIGRATION – Application for judicial review of a decision of the Administrative Appeals Tribunal to affirm decision of delegate to mandatorily cancel applicant's visa – Whether the Tribunal misunderstood or misapplied a mandatory relevant consideration – Whether a claim clearly emerged from the material regarding the effect of cancellation of the applicant's visa on Australian business interests – Whether the Tribunal omitted to consider evidence relevant to the business interests consideration – Application allowed
Legislation: Migration Act 1958 (Cth) ss 499, 501, 501(3A), 501(7), 501CA, 501CA(3), 501CA(4))
Cases cited: Arachchi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1311 AYY17 v Minister for Immigration and Border Protection (2018) 261 FCR 503; [2018] FCAFC 89 Hicks v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 757 Ibrahim v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2023) 300 FCR 67; [2023] FCAFC 173 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 [2023] FCAFC 116 MIBP v Aulekh (2018) 265 FCR 143; [2018] 265 FCR 143 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 MZAPC v Minister for Immigration and Border Protection (2021) 273 CLR 506; [2021] HCA 17 Singh v Minister for Home Affairs [2019] FCA 905 Tonga v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 117
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