Akol v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 903

Federal Court of Australia

Akol v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 903 Appeal from: Decision of Administrative Appeals Tribunal delivered by Senior Member Hon J Rau SC on 22 November 2023

File number(s): NSD 114 of 2024

Judgment of: WIGNEY J

Date of judgment: 14 August 2024

Catchwords: MIGRATION – application for review of Tribunal decision not to revoke the cancellation of the applicant's visa under s 501CA(4) of the Migration Act – where the Tribunal found that "another reason" for revocation was that the applicant would face hardship in South Sudan as a result of the cancellation of his visa – where the applicant alleged that the Tribunal's decision not to revoke the cancellation was irrational or unreasonable given that finding – Tribunal's reasons to be read fairly and as a whole – ground not established MIGRATION – where the applicant argued that Tribunal failed to decide what was in the best interests of children – whether the Tribunal failed to exercise its jurisdiction – no requirement for the Tribunal to make a categorical, definite or unqualified finding – Uelese v Minister for Immigration and Border Protection [2015] HCA 15; (2015) 256 CLR 203 applied – ground not established MIGRATION – where the applicant argued that the Tribunal failed to have regard to a mandatory consideration – where the applicant submitted that the Tribunal considered evidence of the applicant's sister as a family member and not as a victim – Tribunal not required to take into account materials repetitiously – ground not established – application dismissed

Legislation: Migration Act 1958 (Cth) ss 476A, 499(1), 499(2A), 501(3A), 501(6), 501(7), 501CA(4)