Savaiinaea v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 56

Federal Court of Australia

Savaiinaea v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 56 Appeal from: Savaiinaea v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1849

File number: QUD 402 of 2020

Judgment of: COLLIER, PERRY AND ANASTASSIOU JJ

Date of judgment: 7 April 2022

Catchwords: MIGRATION – appeal of a decision of a single Judge of this Court dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal – where the appellant's Subclass 444 Special Category (Temporary) visa was cancelled pursuant to s 501(6) of the Migration Act 1958 (Cth) – where the appellant was convicted of multiple offences and served terms of imprisonment – whether the Tribunal sufficiently considered the interests of the appellant's niece and nephews as minor children in accordance with Ministerial Direction 79 on review – where the appellant only made passing reference to the minor niece and nephews in submissions before the Tribunal – brief consideration of those interests is sufficient in those circumstances – the Tribunal therefore engaged in an active intellectual engagement with those interests – grounds of appeal 1 and 3 are not substantiated – appeal dismissed PRACTICE AND PROCEDURE – application for leave to advance a fresh ground of appeal not before the primary Judge on appeal – whether the fresh ground of appeal has merit – where there was genuine participation in the courses on which the appellant relied – whether the explanation for non-inclusion in the primary proceedings is justified in the circumstances – the fresh ground lacks merit in any event – appeal dismissed