Federal Court of Australia
Federal Court of Australia Almassri v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1352 File number(s):
Judgment of: MCDONALD J
Date of judgment: 22 November 2024
Catchwords: MIGRATION – application for judicial review of decision of delegate of Minister for Immigration, Citizenship and Multicultural Affairs – visa cancelled under s 128 of the Migration Act 1958 (Cth) on ground that visa holder had been assessed by Australian Security Intelligence Organisation to be directly or indirectly a risk to security – whether delegate's decision affected by jurisdictional error by reason of failure to have regard to a mandatory relevant consideration or legal unreasonableness
Australian Security Intelligence Organisation Act 1979 (Cth) ss 4, 17, 36, 37 Federal Circuit and Family Court of Australia Act 2021 (Cth) s 153 Legislation: Federal Court of Australia Act 1976 (Cth) s 32AD Migration Act 1958 (Cth) ss 116, 118, 119, 128, 129, 131, 476A Migration Regulations 1994 (Cth) reg 2.43
Doukmak v Minister for Immigration and Multicultural Affairs (2001) 114 FCR 432; [2001] FCA 1821 El Ess v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 142 FCR 43; [2004] FCA 1038 Hu v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 63 Imad v Director-General of Security [2024] FCAFC 138 Jabbour v Secretary, Department of Home Affairs (2019) 269 FCR 438; [2019] FCA 452 Cases cited: JLW24 v Minister for Immigration and Multicultural Affairs [2024] FCA 1319 Leghaei v Director General of Security [2005] FCA 1576 Leghaei v Director-General of Security (2007) 97 ALD 516; [2007] FCAFC 37 Minister for Aboriginal Affairs v Peko-Wallsend (1986) 162 CLR 24 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 30 Minister for Immigration, Local Government and Ethnic Affairs v Gray (1994) 50 FCR 189 Sean Investments Pty Ltd v MacKellar (1981) 38 ALR 363
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