Minister for Home Affairs v HSKJ [2018] FCAFC 217

FEDERAL COURT OF AUSTRALIA

Minister for Home Affairs v HSKJ [2018] FCAFC 217 Appeal from: HSKJ v Minister for Immigration and Border Protection [2018] FCA 1013

File number(s): WAD 332 of 2018

Judge(s): GREENWOOD, MCKERRACHER AND BURLEY JJ

Date of judgment: 4 December 2018

Catchwords: MIGRATION – appeal from the Federal Court – where the primary judge ordered that the Tribunal's decision affirming the non-revocation of cancellation be set aside – cancellation of visa under s 501 of Migration Act 1958 (Cth) – whether Tribunal incorrectly applied Ministerial Direction 65 – whether Ministerial Direction 65 can permissibly create a general hierarchy of considerations as between "primary" and "other" considerations - appeal allowed MIGRATION – notice of contention – whether the Tribunal had failed to consider impact of revocation on the respondent's sister – notice of contention upheld

Legislation: Migration Act 1958 (Cth) ss 430, 476A, 499, 501, 501CA

Cases cited: HSKJ v Minister for Immigration and Border Protection [2018] FCA 1013 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; (2013) 230 FCR 431 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16; (2014) 309 ALR 67 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Suleiman v Minister for Immigration and Border Protection [2018] FCA 594 SZTMD v Minister for Immigration and Border Protection [2015] FCA 150; (2015) 150 ALD 34 Williams v Minister for Immigration and Border Protection [2014] FCA 674; (2014) 226 FCR 112