Federal Court of Australia
Federal Court of Australia
XKTK v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 14 File number(s): NSD 1010 of 2024
Judgment of: HALLEY J
Date of judgment: 22 January 2025
Catchwords: MIGRATION – application for judicial review of decision of the Minister for Immigration, Citizenship and Multicultural Affairs (Minister) made under s 501BA of Migration Act 1958 (Cth) to cancel applicant's visa – where Minister cancelled applicant's visa having been satisfied applicant does not pass character test and it was in national interest to do so – where Minister placed significant weight on protection of Australian community and expectations of Australian community as part of national interest consideration – whether Minister's decision unreasonable, irrational or illogical – where applicant would remain in the Australian community following cancellation of his visa as a result of High Court's decision in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 415 ALR 254; [2023] HCA 37 – where satisfied Minister's reasons did not lack intelligible justification – application dismissed
Legislation: Constitution s 75(v) Migration Act 1958 (Cth) ss 501, 501BA, 501CA Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023 (Cth) Sch 1
Cases cited: Baker v Minister for Immigration and Citizenship [2012] FCAFC 145 BNGP v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 298 FCR 609; [2023] FCAFC 111 Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 289 FCR 21; [2022] FCAFC 3 Jama v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1419 JNMQ v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1375 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437; [2014] FCAFC 1 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 415 ALR 254; [2023] HCA 37 Plaintiff S156/2013 v Minister for Immigration and Border Protection (2014) 254 CLR 28; [2014] HCA 22 PLQF v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1483 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59; [2003] HCA 30 Taulahi v Minister for Immigration and Border Protection (2016) 246 FCR 146; [2016] FCAFC 177
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