Federal Court of Australia
Federal Court of Australia
SZVUI v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 809 File number: NSD 43 of 2024
Judgment of: THAWLEY J
Date of judgment: 23 July 2024
Catchwords: MIGRATION – application for judicial review of decision refusing visa application – decision made personally under s 501(1) of the Migration Act 1958 (Cth) – whether applicant was denied procedural fairness – whether applicant put on notice of a conclusion that child marriage violates the rights of children under international law or laws – applicant not put on notice – whether that finding was a critical issue on which the decision turned or sufficiently important as to warrant providing an opportunity to be heard – finding not an issue on which the decision turned or sufficiently important – no denial of procedural fairness MIGRATION – whether Minister overlooked relevant material when finding the applicant had not shown remorse – whether Minister overlooked relevant material when finding that there was no evidence that the applicant had engaged with Mental Health Services – whether Minister overlooked relevant material when finding that the applicant had not engaged with rehabilitation courses in prison – Minister did not overlook material MIGRATION – whether remorse or rehabilitation findings illogical or irrational – reasoning on remorse and rehabilitation not illogical or irrational – application dismissed
Legislation: Migration Act 1958 (Cth) Crimes Act 1900 (NSW)
Cases cited: Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd [1994] FCA 293; 49 FCR 576 Degning v Minister for Home Affairs [2019] FCAFC 67; 270 FCR 451 Korat v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 59 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12; 98 ALJR 610 Milne v Minister for Immigration and Citizenship [2011] FCAFC 41; 120 ALD 405 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Minister for Immigration and Border Protection v WZARH [2015] HCA 40; 256 CLR 326 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Muin v Refugee Review Tribunal [2002] HCA 30; 76 ALJR 966 Nathanson v Minister for Home Affairs [2022] HCA 26; 276 CLR 80 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 275 CLR 582 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1 Saeed v Minister for Immigration and Citizenship [2010] HCA 23; 241 CLR 252 Soliman v University of Technology, Sydney [2012] FCAFC 146; 207 FCR 277 Stojic v Deputy Commissioner of Taxation [2018] FCA 483 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152 SZLPO v Minister for Immigration and Citizenship [2009] FCAFC 51; 177 FCR 1 Virapornsawun v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCATrans 29 at 179-190
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