Federal Court of Australia
Federal Court of Australia
PLQF v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1483
File number: NSD 1022 of 2024
Judgment of: PERRAM J
Date of judgment: 18 December 2024
Catchwords: MIGRATION – where the Minister decided under s 501BA of the Migration Act 1958 (Cth) to set aside a decision of the Administrative Appeals Tribunal on the basis that cancelling the Applicant's visa was in the national interest – whether compliance with the procedures attending Regulation 2.20A of the Migration Regulations 1994 (Cth) was a legal consequence of the Minister's decision – whether the Minister's failure to account for the evidence before him regarding the question of the Applicant's statelessness was in error – whether the Minister failed to consider that the Applicant's detention pending the resolution of any protection visa application or further removal proceedings was a legal consequence – whether the Minister's decision only to consider the impact of the Applicant's removal and not his detention on the best interests of the Applicants' minor children was in error – whether that error was material
Legislation: Evidence Act 1995 (Cth) s 55 Migration Act 1958 (Cth) ss 36, 36A, 72, 82(3), 195A, 501, 501BA, 501CA, 501E Migration Regulations 1994 (Cth) regs 2.12AA, 2.20, 2.20A, 2.25AA, Schedule 1, cl 1307(1) Convention on the Rights of the Child, opened for signature 20 November 1989, [1991] ATS 4 (entered into force generally on 2 September 1990)
Cases cited: AJN23 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 103; 304 FCR 586 Al-Kateb v Godwin [2004] HCA 37; 219 CLR 562 NBMZ v Minister for Immigration and Border Protection [2014] FCAFC 38; 220 FCR 1 Nguyen v Minister for Home Affairs [2019] FCAFC 128; 270 FCR 555 NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37; 97 ALJR 1005 Public Service Board (NSW) v Osmond (1986) 159 CLR 656 Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 1273 YBFZ v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 40
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