Federal Court of Australia
Federal Court of Australia Bui v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 10 Review of: Bui v Minister for Immigration, Citizenship and Multicultural Affairs [2024] AATA 2302
File number:
Judgment of: PERRAM J
Date of judgment: 21 January 2025
Catchwords: IMMIGRATION – where Applicant's five year return visa was cancelled after conviction – where a delegate of the Minister refused to revoke the cancellation of the Applicant's visa – where the Administrative Appeals Tribunal also decided not to revoke the cancellation of the Applicant's visa – whether the Tribunal failed to take into account a mandatory consideration in Direction 99 – whether the Tribunal failed to give proper, genuine and realistic consideration to the Applicant's representations in his personal circumstances form – whether the Tribunal failed to give proper, genuine and realistic consideration to two reports included in the Applicant's documentary evidence – whether the Tribunal failed to give proper, genuine and realistic consideration to the best interests of the Applicant's minor niece
Legislation: Migration Act 1958 (Cth) ss 499(2A), 501CA(4) Direction No. 99 – Migration Act 1958 – Direction Under Section 499 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA cll 5.2, 8.3, 8.4
Baker v Minister [2012] FCAFC 145 Bettencourt v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 172; 287 FCR 294 Jabari v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 98; 298 FCR 431 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12; 98 ALJR 610 Cases cited: Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 275 CLR 582 Wan v Minister for Immigration & Multicultural Affairs [2001] FCA 568; 107 FCR 133 Webb v Minister for Home Affairs [2020] FCA 831; 170 ALD 511 XXBN v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 74
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