Ratu v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 141 (12 August 2021) (Farrell, Rangiah and Anderson JJ)


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MIGRATION – Migration Act 1958 (Cth) – appeal against decision of Federal Court of Australia – where mandatory cancellation of appellant’s visa under s 501(3A) – where Minister made a decision under s 501CA(4) to not revoke the cancellation decision – where primary judge affirmed the Minister’s non-revocation decision – whether Minister’s failure to put the appellant on notice that a decision may be made contrary to Australia’s international obligation under Art 12(4) of the International Covenant on Civil and Political Rights constitutes a denial of procedural fairness – whether Art 12(4) constitutes a mandatory relevant consideration – both grounds of appeal dismissed