Recent Cases

QDQY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 82 (16 May 2022) (SC Derrington, O’Bryan and Abraham JJ)


MIGRATION – appeal from Federal Circuit of Australia dismissing application for judicial review of decision of Administrative Appeals Tribunal to affirm delegate’s decision not to revoke mandatory cancellation of visa pursuant to s 501(3A) of the Migration Act 1958 (Cth) – whether Tribunal failed to actively consider appellant’s representations – whether Tribunal failed to fully consider real risk of harm in relation to claim of generalised violence and deteriorating living conditions in Iraq – whether Tribunal relied on South Australian Police (SAPOL) records of uncharged criminal conduct – whether prejudicial nature of the records could be cured by procedural fairness