Federal Court of Australia
Federal Court of Australia Gamanga v Minister for Immigration and Multicultural Affairs [2024] FCA 1493 File number:
Judgment of: LOGAN J
Date of judgment: 6 December 2024
Catchwords: MIGRATION – where the applicant applies for judicial review of the respondent Minister's decision to cancel the applicant's visa under s 501BA of the Migration Act 1958 (Cth) (the Act) after a decision to revoke a cancellation of the visa by the then Administrative Appeals Tribunal – whether the Minister, after adopting similar considerations as in the relevant ministerial direction under s 499 of the Act, was bound to assess those considerations in the same way as a delegate or tribunal making a similar decision under either ss 501 or 501CA of the Act – whether the Minister, in making findings that the applicant had a low, but not negligible, risk of reoffending but also remained a significant risk to the Australia community, had acted unreasonably by making inconsistent findings – application dismissed
Legislation: Migration Act 1958 (Cth) ss 499, 501, 501BA, 501CA
Attorney-General (NSW) v Quin (1990) 170 CLR 1 Avon Downs Pty Ltd v Federal Commissioner of Taxation (1949) 78 CLR 353 Buck v Bavone (1976) 135 CLR 110 BVD17 v Minister for Immigration and Border Protection (2019) 268 CLR 29 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2024) 98 ALJR 610 Cases cited: Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 Misiura v Minister for Immigration &Multicultural Affairs [2001] FCA 133 Nguyen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 985 Palmer v Minister for Immigration, Citizenship, and Multicultural Affairs [2024] FCAFC 154 Public Service Board (NSW) v Osmond (1986) 159 CLR 656
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