Recent Cases

Toki v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 164 (23 September 2022) (Markovic, Goodman and Raper JJ)


Catchwords:


MIGRATION – s 501CA(4) Migration Act 1958 (Cth) – where the Minister determined not to revoke the cancellation of the appellant’s visa – where primary judge dismissed the application for judicial review of the Minister’s decision – whether the Minister’s finding that the appellant had no family support was legally unreasonable – whether in all the circumstances it was legally unreasonable for the Minister not to revoke the cancellation of the visa – whether the Minister failed to consider a relevant consideration that without a visa the appellant would be deprived of access to community leave and progressive transition to release – whether the Minister failed to consider the appellant’s ongoing regular contact with his family – appeal dismissed