TGWR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 200

Federal Court of Australia

TGWR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 200 Appeal from: TGWR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 763

File number: NSD 768 of 2021

Judgment of: LEE, SC DERRINGTON, CHEESEMAN JJ

Date of judgment: 19 November 2021

Catchwords: MIGRATION – appeal from decision of primary judge dismissing application for review of Administrative Appeals Tribunal (AAT) on mandatory visa cancellation – whether AAT erred in its application of Direction 79 – whether AAT made finding on the basis of no evidence – whether AAT erred in giving limited weight to strength, nature and duration of appellant's ties to Australia – whether leave to apply on new grounds granted – appeal dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) ss 25, 27, 37M Federal Court Rules 2011 (Cth) r 36.57 Citizenship Act 2007 (Cth) s 12(1) Migration Act 1958 (Cth) ss 499(1), 499(2A), 501(1), 501(3A), 501(6), 501(7), 501CA

Cases cited: BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94; (2018) 161 ALD 441 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; (2017) 252 FCR 352 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; (2018) 267 FCR 628 Matthews v Minister for Home Affairs [2020] FCAFC 146 Minister for Home Affairs v Omar [2019] FCAFC 188; (2019) 272 FCR 589 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; (2010) 243 CLR 164 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; (2021) 390 ALR 590 Northern Land Council v Quall (No 3) [2021] FCAFC 2 Pallas v Minister for Home Affairs [2019] FCAFC 149 Tohi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 125