Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration, Citizenship and Multicultural Affairs v RGKY [2022] FCAFC 177 Appeal from: RGKY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 750
File number(s): NSD 752 of 2021
Judgment of: COLLIER, FARRELL AND HALLEY JJ
Date of judgment: 2 November 2022
Catchwords: MIGRATION – where the primary judge allowed an application for judicial review of a decision of the Administrative Appeals Tribunal – where the AAT affirmed the decision of a delegate of the Minister not to revoke a decision to cancel the applicant's visa under s 501CA(4) of the Migration Act 1958 (Cth) – where the primary judge set aside the AAT's decision on the basis that the Tribunal made a jurisdictional error because it had failed to give proper, genuine and realistic consideration to the best interests of minor children affected by the decision individually in compliance with Direction 79 made under s 499 of the Migration Act and character evidence on which the applicant relied in support of his contention that his character had changed since his loss of liberty after his last offending and the birth of his son – whether the primary judge erred in so finding – appeal allowed.
Legislation: Migration Act 1958 (Cth) ss 499, 501, 501CA
Cases cited: Baker v Minister for Immigration and Citizenship [2012] FCAFC 145 CAR15 v Minister for Immigration and Border Protection [2019] FCAFC 155; (2019) 272 FCR 131 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; (2017) 252 FCR 352 Chetcuti v Minister for Immigration and Border Protection [2019] FCAFC 112 Collector of Customs v Pozzolanic [1993] FCA 456; (1993) 43 FCR 280 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd [1994] FCA 293; (1994) 49 FCR 576 DCR19 v Minister for Immigration Citizenship Migrant Services and Multicultural Affairs [2020] FCA 501 EGH19 v Minister of Home Affairs [2020] FCA 692 GBV18 v Minister for Home Affairs (2020) 274 FCR 202 Guclukol v Minister for Home Affairs [2020] FCAFC 148; (2020) 279 FCR 611 Karan v Minister for Home Affairs [2019] FCAFC 139 Maioha v Minister for Immigration and Border Protection [2018] FCAFC 216 Makarov v Minister for Home Affairs [2021] FCAFC 129 McGlade v South West Aboriginal Land & Sea Aboriginal Corporation (No 2) [2019] FCAFC 238 Minister for Home Affairs v Buadromo [2018] FCAFC 151; (2018) 267 FCR 320 Minister for Home Affairs v Omar [2019] FCAFC 188; (2019) 272 FCR 589 Minister for Immigration and Border Protection v Sabharwal [2018] FCAFC 160 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; (2011) 241 CLR 594 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 83 ALJR 1123 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 Nahi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1169 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 400 ALR 417 Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50; (2015) 258 CLR 173 Ratu v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1710, (2019) 167 ALD 449 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1; (2000) 74 ALJR 405 RGKY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 750 Sami v Minister for Immigration and Citizenship [2013] FCAFC 128 Sebastian v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 31 SZDGC v Minister for Immigration and Citizenship [2008] FCA 1638 Tohi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 125; (2021) 285 FCR 187 Uelese v Minister for Immigration [2015] HCA 15; (2015) 256 CLR 203
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