Guruge v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 233

Federal Court of Australia

Guruge v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 233 Appeal from: Guruge v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 630

File number: VID 368 of 2021

Judgment of: LOGAN, THAWLEY AND WHEELAHAN JJ

Date of judgment: 18 November 2021

Catchwords: MIGRATION – appeal from decision of primary judge to dismiss application for judicial review of Administrative Appeals Tribunal's decision to affirm Minister's non-revocation of mandatory visa cancellation – where grounds of appeal not raised before the primary judge – whether Tribunal required to consider executive dimension of rights of the child consistent with Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v FAK19 [2021] FCAFC 153 – where Ministerial Direction 79 makes no reference to convention on the rights of the child – FAK19 distinguishable – appeal dismissed COSTS – where appellant represented pro bono – whether primary judge demonstrated an error of principle in awarding costs against the appellant – where exercise of costs discretion unexceptional – appeal dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Migration Act 1958 (Cth) ss 499, 501CA

Cases cited: Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 Coulton v Holcombe (1986) 162 CLR 1 Guruge v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 630 House v The King (1936) 55 CLR 499 Kaur v Minister for Immigration and Border Protection (2017) 256 FCR 235 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v FAK19 [2021] FCAFC 153 Oshlack v Richmond River Council (1998) 193 CLR 72 University of Wollongong v Metwally (No 2) (1985) 59 ALJR 481