Recent Cases

Garland v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 144 (25 August 2023) (Stewart, Feutrill and Hespe JJ)


Catchwords:


MIGRATION – appeal – whether leave to argue new grounds ought be granted – Direction No. 90 – whether Tribunal misconstrued the phrase “vulnerable members of the community” in para 8.4(2)(c) of the Direction – whether Tribunal’s error material – where Tribunal concluded the appellant engaged in “violent and serious” conduct and that the expectation of the Australian community “weighs strongly” against revocation and that the factors against revocation “significantly outweigh” the factors for revocation – whether Tribunal had regard to irrelevant considerations – where appeal ground framed in new manner at hearing – where statute confers a broad discretion on decision-maker – appeal dismissed