Federal Court of Australia
Federal Court of Australia
Bettencourt v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 172 Appeal from: Bettencourt v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 162
File number: WAD 70 of 2021
Judgment of: BURLEY, COLVIN AND JACKSON JJ
Date of judgment: 23 September 2021
Catchwords: MIGRATION - appeal from decision of primary judge dismissing application for judicial review of Minister - where Minister decided not to revoke mandatory cancellation of appellant's visa - where terms of direction require information from authoritative sources to be given appropriate weight in applying relevant considerations - where appellant made representations providing expert information of impact on children of long term separation from parent - whether Minister failed to form statutorily required state of satisfaction concerning whether another reason why original decision should be revoked - whether Minister failed to give proper, genuine and realistic consideration to representations concerning best interests of children - whether lack of reference to expert information in Minister's reasons indicated implicit acceptance of harm of long term separation - appeal allowed
Legislation: Migration Act 1958 (Cth) ss 476A, 499, 501, 501CA, 501G
Cases cited: Briginshaw v Briginshaw (1938) 60 CLR 336 ETA067 v The Republic of Nauru [2018] HCA 46 GBV18 v Minister for Home Affairs [2020] FCAFC 17; (2020) 274 FCR 202 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; (2018) 267 FCR 628 Minister for Home Affairs v Omar [2019] FCAFC 188; (2019) 272 FCR 589 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216; (2018) 267 FCR 643 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CTB19 [2020] FCAFC 166; (2020) 280 FCR 178 Navoto v Minister for Home Affairs [2019] FCAFC 135 Tohi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 125 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116; (2018) 263 FCR 531
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