Federal Court of Australia
Federal Court of Australia
LNMR v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 936 Review of: LNMR v Minister for Immigration, Citizenship and Multicultural Affairs (Administrative Appeals Tribunal, No. 2023/5591, 17 October 2023)
File number: WAD 284 of 2023
Judgment of: FEUTRILL J
Date of judgment: 30 July 2024
Date of publication of reasons: 19 August 2024
Catchwords: MIGRATION – application for judicial review of the Administrative Appeals Tribunal's decision refusing to revoke cancellation decision of the delegate of the Minister under s 501CA(4) of the Migration Act 1958 (Cth) – whether there was jurisdictional error – failure to take into account mandatory consideration of s 499 direction PRACTICE AND PROCEDURE – consent order for issue of constitutional writs - consideration of applicable principles
Legislation: Migration Act 1958 (Cth) ss 499, 500(1)(ba), 501(3A), 501CA(3), 501CA(4)
Cases cited: FHHM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 19 Irwin v Military Rehabilitation & Compensation Commission [2009] FCAFC 33; 174 FCR 574 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 275 CLR 582 Uelese v Minister for Immigration and Border Protection [2015] HCA 15; 256 CLR 203
Division: General Division
Registry: Western Australia
National Practice Area: Administrative and Constitutional Law and Human Rights
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