Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ghimire v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 816 Review of: Ghimire v Minister for Immigration, Citizenship and Multicultural Affairs (Migration) [2024] AATA 3
File number(s): NSD 1564 of 2023
Judgment of: HALLEY J
Date of judgment: 25 July 2024
Catchwords: MIGRATION – application for judicial review of decision of the Administrative Appeals Tribunal (Tribunal) affirming a delegate of the Minister's decision not to revoke the applicant's mandatory visa cancellation under s 501CA(4) of the Migration Act 1958 (Cth) (Act) – grounds of review – whether the Tribunal misapplied or misunderstood Direction 99 – where Tribunal attributed negative weight to consideration of the extent of impediments if applicant were to be removed from Australia – whether the error was material – consideration of LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2024) 98 ALJR 610; [2024] HCA 12 – whether the Tribunal failed to consider substantial, clearly articulated arguments on impediments applicant would face if returned to Nepal – whether the Tribunal denied applicant procedural fairness by preventing him from making submissions – application allowed on first ground of review
Legislation: Migration Act 1958 (Cth) ss 499, 501, 501CA
Cases cited: Bale v Minister for Immigration, Migrant Services and Multicultural Affairs [2020] FCA 646 BCR16 v Minister for Immigration and Border Protection (2017) 248 FCR 456; [2017] FCAFC 96 BKTS v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 729 ECE21 v Minister for Home Affairs (2023) 297 FCR 422; [2023] FCAFC 52 FHHM v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2022] FCAFC 19 Ghimire v Minister for Immigration, Citizenship and Multicultural Affairs (Migration) [2024] AATA 3 GXXS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 468 Holloway v Minister for Immigration, Citizenship and Multicultural Affairs (2022) 179 ALD 217; [2022] FCA 1126 Korat v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 59 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2024) 98 ALJR 610; [2024] HCA 12 Nguyen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 985 Okoh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 84 Plaintiff M1/2021 v Minister for Home Affairs (2022) 275 CLR 582; [2022] HCA 17 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1; [2003] HCA 6 Saeed v Minister for Immigration and Citizenship (2010) 241 CLR 252; [2010] HCA 23 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152; [2006] HCA 63 Thompson v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 776
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