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Leone v Minister for Home Affairs [2020] FCAFC 117

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MIGRATION - appeal from a judgment of the Federal Court of Australia - where appellant's visa cancelled under s. 501(3A) of the Migration Act 1958 (Cth.) following conviction for commercial drug trafficking offences - where Minister made a decision not to revoke cancellation of the visa under s. 501CA(4) - where decision of Minister affirmed by Tribunal - whether primary judge erred in dismissing an application for judicial review of the decision of the Tribunal - whether primary judge erred by not finding that the Tribunal failed to consider a submission and evidence relevant to a primary consideration of Ministerial Direction 79 - whether primary judge erred by not finding that the Tribunal failed to accord procedural fairness by not informing the appellant of an issue in the review, being the role of his past drug use in his offending - whether Tribunal fell into jurisdictional error in finding that it was not satisfied on the evidence that the Appellant's drug taking played a significant part in his offending, when such a finding was illogical and/or irrational - whether leave to be granted for appellant to rely on new set of appeal grounds

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