Federal Court of Australia
Federal Court of Australia
XSLJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 34 Appeal from: XSLJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1138
File number: NSD 1092 of 2021
Judgment of: THAWLEY, CHEESEMAN AND O'SULLIVAN JJ
Date of judgment: 28 February 2022
Date of publication of reasons: 11 March 2022
Catchwords: MIGRATION – appeal from decision dismissing application for judicial review of decision of the Administrative Appeals Tribunal – where Tribunal affirmed decision of the delegate of Minister not to revoke mandatory cancellation of visa – whether primary judge erred in failing to find the Tribunal made findings for which there was no evidence – whether appellant had in fact made a submission forming an evidentiary basis for Tribunal's conclusion – whether primary judge erred in failing to find that the Tribunal acted on a misunderstanding of applicable law – whether primary judge erred in failing to find that the Tribunal's decision was infected by illogicality, irrationality or unreasonableness – whether Tribunal's assessment of appellant's risk of recidivism was illogical – appeal allowed on the basis that the Tribunal made material findings for which there was no basis in the material before it
Legislation: Migration Act 1958 (Cth) ss 499(1), 501(3A) Minister for Immigration, Citizenship and Multicultural Affairs (Cth), Direction no. 79 – Visa refusal and cancellation under s501 and revocation of a mandatory cancellation of a visa under s501CA
Cases cited: Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; [2019] HCA 3 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane (2021) 395 ALR 403; [2021] HCA 41 MZAPC v Minister for Immigration and Border Protection (2021) 95 ALJR 441; [2021] HCA 17 XSLJ and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 939
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