Recent Cases

Deng v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 115 (11 July 2022) (Farrell, Moshinsky and Burley JJ)


Catchwords:


MIGRATION – mandatory cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) – where the appellant requested revocation of the cancellation decision – where a delegate of the respondent declined the request for revocation – where the Administrative Appeals Tribunal affirmed the delegate’s decision – where the primary judge dismissed application for judicial review – whether Tribunal erred by failing to consider the appellant’s health when considering the extent of impediments if the appellant were removed – whether the Tribunal acted on a misunderstanding of the applicable law in connection with the definition of “family violence” in Direction 90