Mihai v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 1235

Federal Court of Australia Mihai v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 1235 Review of: Mihai and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 4503

File number(s): QUD 425 of 2021

Judgment of: COLLIER J

Date of judgment: 24 October 2024

Catchwords: MIGRATION – application for judicial review of decision of the Administrative Appeals Tribunal to affirm decision of delegate of the Minister not to revoke cancellation of the applicant's visa under s 501CA(4) of the Migration Act 1958 (Cth) – whether Tribunal "double counted" the applicant's criminal offending and family violence offences when assessing the expectations of the Australian community – no errors established – application dismissed with costs

Legislation: Migration Act 1958 (Cth) ss 499(1), 501(3A), (6)(a), 501CA(3)–(4)

Ismail v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 2 AYY17 v Minister for Immigration and Border Protection [2018] FCAFC 89 Deng v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 115 Doves v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 134 El Khoueiry v Minister for Immigration, Citizenship, and Multicultural Affairs [2022] FCAFC 136 King v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 152 Manebona v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 116 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11 NBMZ v Minister for Immigration and Border Protection [2014] FCAFC 38 Chava v Minister for Immigration and Border Protection [2014] FCA 313 Cases cited: Dunasement v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 128 El Khoueiry v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 247 Filipovich v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 846 Fonoti v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1553 LRMM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1039 Minister for Immigration and Border Protection v Pandey [2014] FCA 640 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 272 Minister for Immigration v Eshetu [1999] HCA 21 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 Suleiman v Minister for Immigration and Border Protection [2018] FCA 594 XSLJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1138