Recent Cases

EUF20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 130 (15 August 2023) (Abraham, O’Sullivan and Raper JJ)


Catchwords:


MIGRATION – s 501(3) of the Migration Act 1958 (Cth) – where the Minister determined to exercise his discretion to cancel the appellant’s visa – where the primary judge dismissed the application for judicial review of the Minister’s decision – whether the Minister failed to consider whether to consider unsolicited material provided by the appellant – whether the Minister had acted unreasonably or illogically in making the decision where he was in possession of new information and without considering whether to consider or alternatively without considering that new information – whether the primary judge erred in finding that certain of the Minister’s findings and conclusions were open or understood on the evidence

HELD – appeal dismissed