El Khoueiry v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 136

Federal Court of Australia

El Khoueiry v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 136 Appeal from: El Khoueiry v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 247

File number(s): QUD 120 of 2022

Judgment of: COLLIER, RANGIAH AND DOWNES JJ

Date of judgment: 22 August 2022

Catchwords: MIGRATION – appeal from decision of single Judge of the Federal Court dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal – where appellant's visa mandatorily cancelled pursuant to s 501 of the Migration Act 1958 (Cth) – where the appellant was convicted of multiple offences – where appellant does not meet the character test – where appellant has a serious drug addiction – whether the Tribunal failed to consider the extent of impediments if appellant removed from Australia – whether Tribunal failed to consider the appellant's health under paragraph 9.2(1)(a) of Direction 90 – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 501(2), 501(3A), 501CA Direction No. 90 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA paras 7(2), 9.2

Cases cited: AWT15 v Minister for Immigration and Border Protection [2017] FCA 512 El Khoueiry v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 247 LRMM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1039 MZAPC v Minister for Immigration and Border Protection (2021) 390 ALR 590; [2021] HCA 17