Recent Cases

Ali v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 140 (26 August 2022) (Yates, Bromwich and McElwaine JJ)


Catchwords:


MIGRATION – appeal from primary judge dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal – Tribunal affirmed delegate’s decision not to revoke mandatory cancellation of visa pursuant to s 501(3A) of the Migration Act 1958 (Cth) – whether Tribunal made irrelevant or illogical considerations – whether Tribunal failed to give probative weight to evidence – Held: appeal dismissed

PRACTICE AND PROCEDURE – application for leave to rely upon entirely new grounds of review for the first time on appeal to the Full Court – Held: application dismissed – insufficient merit to warrant the grant of leave