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TCXM v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 451

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MIGRATION -- application for judicial review of a decision of the Administrative Appeals Tribunal not to revoke the cancellation of the applicant's visa - where the applicant's visa was mandatorily cancelled pursuant to s 501(3A) of the Migration Act 1958 (Cth) because he did not pass the character test - where the Minister personally determined not to revoke the cancellation under s 501CA(4) - where the Minister's decision was set aside by consent - where a delegate of the Minister subsequently determined not to revoke the cancellation of the applicant's visa - where the Tribunal affirmed the delegate's non-revocation decision - where the Tribunal's decision was made within the time limit imposed by s 500(6L) - whether the Tribunal's decision was affected by jurisdictional error - whether the Tribunal's decision was legally unreasonable - whether the Tribunal failed to take account of mandatory relevant considerations - whether the Tribunal otherwise erred in law - where the applicant submitted to the Tribunal that a consequence of non-revocation was that he would spend "life" in detention - where the applicant submitted that a consequence of non-revocation was that he would be subject to unlawful detention - Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 275 CLR 582 (Plaintiff M1) applied - the Tribunal's decision was not affected by legal unreasonableness - it was open to the Tribunal to decline to speculate about the potential duration of the applicant's detention, and the Tribunal did decline so to speculate - the Tribunal did not err in failing to consider whether the applicant would be subject to unlawful detention as a consequence of non-revocation, as unlawful detention is not a legally permissible consequence of non-revocation - NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37; 97 ALJR 1005 considered - the Tribunal discharged its obligation to consider the applicant's representations as required by Plaintiff M1 - the other grounds relied upon by the applicant were not made out - no jurisdictional error established - application dismissed with costs.

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