KXXH v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 111

FEDERAL COURT OF AUSTRALIA

KXXH v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 111 Appeal from: KXXH v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1229

File number: NSD 1172 of 2021

Judgment of: BROMBERG, JACKSON AND FEUTRILL JJ

Date of judgment: 1 July 2022

Catchwords: MIGRATION - application for revocation of mandatory visa cancellation - delegate refused application - refusal affirmed by Administrative Appeals Tribunal - application for judicial review of Tribunal's decision dismissed - appeal ground asserting failure by Tribunal to give lawful consideration to interests of minor children - principles of jurisdictional error for failure to adequately consider a matter - approach to inferences as to reality of consideration by Tribunal - emphasis given to minor children's interests by Tribunal reflected emphasis in material before Tribunal, including appellant's representations - appeal dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 43 Migration Act 1958 (Cth) ss 499, 501, 501CA

Cases cited: Appellant V324 of 2004 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 259 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593; (2003) 75 ALD 630 Ayoub v Minister for Immigration and Border Protection [2015] FCAFC 83; (2015) 231 FCR 513 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; (2019) 268 CLR 29 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; (2017) 252 FCR 352 Minister for Home Affairs v Omar [2019] FCAFC 188; (2019) 272 FCR 589 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216; (2018) 267 FCR 643 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; (2013) 212 FCR 99 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Navoto v Minister for Home Affairs [2019] FCAFC 135 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17 Savaiinaea v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 56 Singh v Minister for Home Affairs [2019] FCAFC 3; (2019) 267 FCR 200 Soliman v University of Technology, Sydney [2012] FCAFC 146; (2012) 207 FCR 277 SZTMD v Minister for Immigration and Border Protection [2015] FCA 150; (2015) 150 ALD 34 Uelese v Minister for Immigration and Border Protection [2015] HCA 15; (2015) 256 CLR 203 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116; (2018) 263 FCR 531