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Federal Court Cases - Migration Law - 17 December 2020
| YKSB v Minister for Home Affairs [2020] FCAFC 224 Full Court of the Federal Court of Australia Reeves, Bromwich & Anderson JJ Migration law - appellant's visa cancelled 'on character grounds' under s501CA(4) Migration Act 1958 (Cth) - Minister's delegate declined to revoke cancellation - Administrative Appeals Tribunal affirmed delegate's decision - Mortimer J, of Federal Court of Australia, dismissed judicial review application - dispute concerned application of principles concerning obligation to address claims supporting revocation of decision to cancel visa - whether failure to consider appellant's health - 'specific health-related diminished risk of further offending' - Navoto v Minister for Home Affairs [2019] FCAFC 135 - Matthews v Minister for Home Affairs [2020] FCAFC 146 - held: appeal dismissed. YKSB |
| Mundele v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 221 Full Court of the Federal Court of Australia Middleton, Farrell & White JJ Migration law - appellant's visa cancelled under s501(3A) Migration Act 1958 (Cth) on basis appellant failed to pass character test and was serving prison sentence - Minister's delegate declined to revoke visa's cancellation - Administrative Appeals Tribunal affirmed decision of delegate - Jagot J of the Federal Court of Australia dismissed judicial review application - appellant appealed - 'post-offence conduct' - whether failure by Tribunal to consider appellant's conduct in prison - whether constructive failure to exercise jurisdiction - held: appeal dismissed. Mundele |
Source: https://benchmarkinc.com.au/web/
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