Federal Court of Australia
Federal Court of Australia
Rauhina v Administrative Appeals Tribunal [2024] FCA 767 File number(s): QUD 141 of 2024
Judgment of: DOWNES J
Date of judgment: 16 July 2024
Catchwords: MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal (AAT) dismissing application for extension of time to seek merits review of a decision not to revoke mandatory visa cancellation – whether AAT erred in finding that applicant was notified of non-revocation decision – whether finding was legally unreasonable – whether AAT erred by taking into account an irrelevant consideration – whether AAT erred by failing to take into account a relevant consideration – application dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 29, 43C, 44 Migration Act 1958 (Cth) ss 474, 476A, 500, 501, 501CA
Cases cited: BEH15 v Minister for Immigration and Border Protection [2019] FCAFC 184 Danagher v Child Support Registrar (2014) 228 FCR 213; [2014] FCA 1408 Greenpeace Australia Pacific Pty Ltd v Chief Executive Officer of the Australian Radiation Protection and Nuclear Safety Agency (2002) 125 FCR 186; [2002] FCA 1144 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Tsvetnenko v United States of America (2019) 269 FCR 225; [2019] FCAFC 74 Waterford v Commonwealth (1987) 163 CLR 54
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