Deng v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 115

Federal Court of Australia

Deng v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 115 Appeal from: Deng v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1456

File number: NSD 1340 of 2021

Judgment of: FARRELL, MOSHINSKY AND BURLEY JJ

Date of judgment: 11 July 2022

Catchwords: MIGRATION – mandatory cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) – where the appellant requested revocation of the cancellation decision – where a delegate of the respondent declined the request for revocation – where the Administrative Appeals Tribunal affirmed the delegate's decision – where the primary judge dismissed application for judicial review – whether Tribunal erred by failing to consider the appellant's health when considering the extent of impediments if the appellant were removed – whether the Tribunal acted on a misunderstanding of the applicable law in connection with the definition of "family violence" in Direction 90

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 43 Migration Act 1958 (Cth), ss 5CB, 5G, 499, 501, 501CA Migration Regulations 1994 (Cth), reg 1.09A Family Violence Protection Act 2008 (Vic), s 8

Cases cited: AYY17 v Minister for Immigration and Border Protection (2018) 261 FCR 503 BVD17 v Minister for Immigration and Border Protection (2019) 268 CLR 29 FCFY v Minister for Home Affairs (No 2) [2019] FCA 1990 FKP18 v Minister for Immigration and Border Protection [2018] FCA 1555 Graham v Minister for Immigration and Border Protection (2017) 263 CLR 1 LRMM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1039 Peacock v Repatriation Commission (2007) 161 FCR 256 Wei v Minister for Immigration and Border Protection (2015) 257 CLR 22 Williams v Minister for Immigration and Border Protection (2014) 226 FCR 112