Recent Cases

Chi Cong Le v Minister for Immigration and Border Protection [2019] FCAFC 178 (18 October 2019) (Nicholas, Katzmann and Bromwich JJ)


MIGRATION – appeal from a decision of the Federal Circuit Court – where primary judge dismissed an application for judicial review of a decision of the second respondent, the Administrative Appeals Tribunal – where second respondent affirmed a decision of a delegate of the Minister to cancel the appellant’s Class BS (Subclass 801) (Partner) visa – whether primary judge erred in finding that the appellant provided incorrect answers in visa application forms – whether primary judge erred in finding that there was no jurisdictional error by the second respondent considering documents to be subject to a valid s 375A certificate and thereby not providing those documents to the appellant pursuant to a request under s 362A of the Migration Act 1958 (Cth) – held: appeal dismissed with costs