Federal Court of Australia
Federal Court of Australia
RGCZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 201 Appeal from: RGCZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 348
File number(s): VID 202 of 2022
Judgment of: BROMBERG, O'CALLAGHAN AND MCEVOY JJ
Date of judgment: 14 December 2022
Catchwords: MIGRATION – appeal from an order of a primary judge of this Court – where the primary judge upheld a decision of the Administrative Appeals Tribunal to affirm a decision made by a delegate of the Minister to refuse to grant a partner visa – whether the Tribunal failed to comply with paragraph 8.3(3) of Ministerial Direction No. 90 – whether the Tribunal failed to consider the children's best interests by reference to the grant or refusal of the visa – failure to consider each of the children's best interests individually – material error – appeal allowed
Legislation: Migration Act 1958 (Cth) ss 499(2), 499(2A), 501(1), 501(2), 501(6), 501CA and 501CA(4) Ministerial Direction No. 90 - Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA sections 6, 8 and 9 United Nations Convention on the Rights of the Child, opened for signature 20 November 1989, 1577 UNTS 3 (entered into force 2 September 1990)
Cases cited: Boensch v Pascoe (2019) 268 CLR 593; [2019] HCA 49 EXT20 v Minister for Home Affairs [2022] FCAFC 72 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane (2021) 395 ALR 403; [2021] HCA 41 Minister of State for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273; [1995] HCA 20 Tohi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 285 FCR 187; [2021] FCAFC 125 Wan v Minister for Immigration and Multicultural Affairs (2001) 107 FCR 133; [2001] FCA 568 Vaitaiki v Minister for Immigration and Ethnic Affairs (1998) 150 ALR 608
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