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Federal Court Cases - Migration Law - 26 Nov 2020
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Stewart v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 196 Source: Benchmark |
| Ali v Minister for Home Affairs [2020] FCAFC 201 Full Court of the Federal Court of Australia Rangiah, O'Callaghan & Abraham JJ Migration law - first respondent's delegate declined to revoke 'mandatory cancellation of' appellant's Partner (Residence) (Class BS) Subclass 801 – Partner visa under s501CA(4) Migration Act 1958 (Cth) - second respondent Tribunal affirmed delegate's decision - Perry J of Federal Court of Australia dismissed appellant's judicial review application - appellant contended erroneous failure by Tribunal to consider '“Pre-Release Report” potentially relevant to' his 'risk of recidivism' - appellant also contended erroneous failure by Tribunal to accept appellant 'had no prior criminal history' - appellant also contended Tribunal denied him procedural fairness by 'not squarely' putting to him its conclusions concerning 'aspects of' his 'risks of recidivism' - whether primary judge erred in rejecting appeal grounds - 'no point of principle' raised by appeal - held: appeal dismissed. Ali |
