Recent Cases

Minister for Immigration, Citizenship and Multicultural Affairs v McQueen [2022] FCAFC 199 (13 December 2022) (Mortimer, Banks-Smith and O’Sullivan JJ)


Catchwords:


MIGRATION – non-revocation of visa cancellation pursuant to s 501CA of the Migration Act 1958 (Cth) – whether primary judge erred in finding that Minister did not consider representations personally – no error by primary judge – appeal dismissed

MIGRATION – non-revocation of visa cancellation pursuant to s 501CA of the Migration Act 1958 (Cth) – whether primary judge erred in finding that Minister acted unlawfully by relying on a summary of representations prepared by his Department – no error by primary judge– appeal dismissed

APPEAL AND NEW TRIAL – need for appellant to establish error in the decision of a primary judge