Pearson v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 22

Federal Court of Australia

Pearson v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 22 Appeal from: Pearson v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 825

File number(s): NSD 870 of 2021

Judgment of: PERRY, DOWNES AND MCELWAINE JJ

Date of judgment: 1 March 2022

Catchwords: MIGRATION – application for judicial review of a decision of the Federal Court of Australia – whether the primary judge erred in finding that the failure by the Administrative Appeals Tribunal to consider an express representation or claim made by the Appellant in respect of her two pet dogs was not material to the Tribunal's decision in affirming the decision of delegate to refuse to revoke the mandatory cancellation of the Appellant's visa – whether the appeal should be dismissed on grounds other than those relied on by the primary judge, namely the Tribunal did not overlook the Appellant's representation or claim in respect of her two pet dogs – where the Appellant's claim did not feature in the case that the Appellant sought to make out before the Tribunal – where the Tribunal did not overlook a material matter relevant to its consideration – appeal dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 43 Migration Act 1958 (Cth) ss 501(3A), 501(6)(a), 501(7)(c), 501CA(3)(b), 501CA(4) Direction No. 79 Visa refusal and cancellation under s 501 and revocation of a mandatory cancellation of a visa under s 501CA

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593; [2003] FCAFC 184 DMQ18 v Minister for Home Affairs (2020) 278 FCR 529; [2020] FCAFC 110 ETA067 v Republic of Nauru (2018) 92 ALJR 1003; [2018] HCA 46 EVK18 v Minister for Home Affairs (2020) 274 FCR 598; [2020] FCAFC 49 Minister for Home Affairs v Buadromo (2018) 267 FCR 320; [2018] FCAFC 151 Minister for Home Affairs v Omar (2019) 272 FCR 589; [2019] FCAFC 188 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 30 MZAPC v Minister for Immigration and Border Protection (2021) 95 ALJR 441; [2021] HCA 17 Pearson and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 3527 (15 September 2020) Pearson v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 825 Viane v Minister for Immigration and Border Protection (2018) 263 FCR 531; [2018] FCAFC 116