Price v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 171

Federal Court of Australia

Price v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 171 Appeal from: Price v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 335

File number: WAD 103 of 2023

Judgment of: KATZMANN, O'BRYAN AND MCELWAINE JJ

Date of judgment: 20 October 2023

Catchwords: MIGRATION – appeal from judgment and orders dismissing application for judicial review of decision of Administrative Appeals Tribunal not to revoke mandatory cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) – where appellant alleged decision of Tribunal affected by jurisdictional errors – where challenge to decision included collateral attack on cancellation decision – where appellant sentenced to 12 months imprisonment in 2016 expressed to start on 14 January 2016 and expire on 13 January 2017, whether sentence did not satisfy criteria under s 501(7)(c) and therefore visa not validly cancelled – where Act gives Minister various discretionary powers to cancel visas and appellant not given opportunity to be heard on whether another cancellation power should have been used, whether appellant denied natural justice and/or cancellation decision was legally unreasonable – where appellant has lengthy criminal history including convictions for supplying methylamphetamine and crimes of violence – where Tribunal described three convictions for assaults as serious or very serious when she was only fined, whether Tribunal erred by misconstruing para 8.1.1(1)(a)(i) of Direction 90 – whether Tribunal failed to undertake its own assessment of the seriousness of appellant's criminal offending

Legislation: Acts Interpretation Act 1901 (Cth) ss 2G, 21 Migration Act 1958 (Cth) ss 116, 198(1), 499, 501, 501(2), 501(3A), 501(7)(c), 501(12), 501CA, 501CA(4) Crimes (Administration of Sentences) Act 1999 (NSW) s 8 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 47(1), 47(6), 48(1)