Healey v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 188

Federal Court of Australia Healey v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 188 Appeal from: Healey v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 449

File number(s): QUD 173 of 2022

Judgment of: BURLEY, THOMAS AND ABRAHAM JJ

Date of judgment: 29 November 2022

Catchwords: MIGRATION – appeal from judgment affirming decision of Administrative Appeals Tribunal affirming decision of Minister's delegate not to revoke mandatory cancellation of a visa under s 501CA – whether Tribunal failed to apply Direction 90 in not properly considering the best interests of minor children – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 499, 500, 501, 501CA Minister for Immigration, Citizenship and Multicultural Affairs (Cth), Direction No. 90 – Visa refusal and cancellation under s501 and revocation of a mandatory cancellation of a visa under s501CA

Cases cited: Ali v Minister for Home Affairs [2020] FCAFC 109; 278 FCR 627 Degning v Minister for Home Affairs [2019] FCAFC 67; 270 FCR 451 FYBR v Minister for Home Affairs [2019] FCAFC 185; 272 FCR 454 Goundar v Minister for Immigration and Border Protection [2016] FCA 1203; 160 ALR 107 Minister for Home Affairs v Buadromo [2018] FCAFC 151; 267 FCR 320 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 390 ALR 590 Pallas v Minister for Home Affairs [2019] FCAFC 149 Tickner v Chapman [1995] FCA 987; 57 FCR 451