Contreras v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 154

Federal Court of Australia

Contreras v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 154 Appeal from: Contreras v Minister For Immigration & Anor [2019] FCCA 2999

File number: VID 1258 of 2019

Judgment of: MIDDLETON, ANASTASSIOU AND CHEESEMAN JJ

Date of judgment: 24 August 2021

Catchwords: MIGRATION – cancellation of visa – where Administrative Appeals Tribunal affirmed decision to cancel visa – where Tribunal found visa holder provided incorrect information in visa applications and contravened s 101 of the Migration Act 1958 (Cth) – where Tribunal found visa holder deliberately provided incorrect information – whether Tribunal took into account an irrelevant consideration when considering whether incorrect answer deliberate or inadvertent – whether Tribunal misunderstood statutory task under s 101 of the Act – no jurisdictional error MIGRATION – where visa holder and visa holder's child subject to parenting orders made under Family Law Act 1975 (Cth) – where visa holder's child prohibited from leaving Australia – where Tribunal weighed up best interests of child and noted that movement of child out of Australia would require further orders – whether Tribunal decision frustrated or was contrary to parenting orders – whether Tribunal decision illogical – no jurisdictional error

Legislation: Family Law Act 1975 (Cth) Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)

Cases cited: Chi Cong Le v Minister for Immigration and Border Protection (2019) 272 FCR 1 CHZ19 v Minister for Home Affairs [2019] FCA 914 (17 June 2019) Cockrell v Minister for Immigration [2007] FCA 1779; (2007) 100 ALD 52 Cockrell v Minister for Immigration (2008) 171 FCR 345 DFS17 v Minister for Immigration [2020] FCA 642 (14 May 2020) Meyrick v Minister for Home Affairs [2020] FCA 677 (20 May 2020)