Federal Court of Australia
Federal Court of Australia
Luong v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1456 File number(s): VID 687 of 2024
Judgment of: HESPE J
Date of judgment: 17 December 2024
Catchwords: MIGRATION – exercise of discretion under s 501BA of the Migration Act 1958 (Cth) to override decision of Administrative Appeals Tribunal – whether Minister misconstrued the "national interest" – whether decision was legally unreasonable – whether applicant should have been afforded an opportunity to be heard
Legislation: Migration Act 1958 (Cth) ss 501, 501BA
Cases cited: Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CWY20 [2021] FCAFC 195; 288 FCR 565 ENT19 v Minister for Home Affairs [2023] HCA 18; 278 CLR 75 Graham v Minister for Immigration and Border Protection [2017] HCA 33; 263 CLR 1 Hot Holdings Pty Ltd v Creasy [2002] HCA 51; 210 CLR 438 Ibrahim v Minister for Home Affairs [2019] FCAFC 89; 270 FCR 12 Madafferi v Minister for Immigration and Multicultural Affairs [2002] FCAFC 220; 118 FCR 326 Minister for Home Affairs v DUA16 [2020] HCA 46; 271 CLR 550 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 264 CLR 541 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration, Citizenship and Multicultural Affairs v Lieu [2023] FCAFC 57; 297 FCR 162 NRFX v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 21 NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37 Palmer v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 154 Plaintiff M47/2018 v Minister for Home Affairs [2019] HCA 17; 265 CLR 285 Plaintiff S297/2013 v Minister for Immigration and Border Protection [2015] HCA 3; 255 CLR 231 Re Patterson; Ex parte Taylor [2001] HCA 51; 207 CLR 391 Tereva v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 142; 294 FCR 270 Vargas v Minister for Home Affairs [2021] FCAFC 162; 286 FCR 387
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