Recent Cases

Kwatra v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 194 (08 December 2022) (Markovic, Cheeseman and Hespe JJ)


Catchwords:


MIGRATION – appeal from decision of the Federal Court of Australia – where primary judge dismissed application for judicial review of Administrative Appeals Tribunal decision not to revoke visa cancellation under s 501CA(4) of the Migration Act 1958 (Cth) – whether the primary judge erred in failing to find that Tribunal erred in failing to consider the extent of the impediments that the appellant’s health would cause him if returned to India – whether primary judge erred in failing to find that the Tribunal erred in failing to consider how Australia’s non-refoulement obligations may be engaged where no non-refoulement claim was advanced by the applicant before the Tribunal – Held: appeal dismissed with costs