Recent Cases

AEK20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 175 (03 November 2022) (Wigney, Abraham and Rofe JJ)


Catchwords:


MIGRATION – mandatory visa cancellation under s 501(3A) of Migration Act 1958 (Cth) – application for judicial review of respondent’s decision under s 501CA of Migration Act 1958 (Cth) not to revoke original cancellation decision – primary judge found no claim relating to “effective” protection in Samoa was put before respondent – issue of whether primary judge misconstrued or misunderstood the appellant’s claim in assessing generality of representations to the respondent – whether respondent was required to undertake quantitative or qualitative assessment of risk – generality of appellant’s claim and absence of any supporting evidence – no error established – appeal dismissed with costs