Federal Court of Australia
Federal Court of Australia
TPTN v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 82 Appeal from: TPTN v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 788
File number(s): QUD 315 of 2022
Judgment of: COLLIER ACJ, MEAGHER AND HORAN JJ
Date of judgment: 20 June 2024
Catchwords: MIGRATION – where Administrative Appeals Tribunal decided not to revoke the cancellation of the appellant's visa under s 501CA(4) of the Migration Act 1958 (Cth) – where Tribunal took into account offences committed by the appellant as a child – where appellant taken never to have been convicted of juvenile offences by ss 85ZR and 85ZS of Crimes Act 1914 (Cth) – where conceded that Tribunal erred in having regard to appellant's juvenile offending – whether error was material to Tribunal's decision – where there is a realistic possibility that the Tribunal's decision might have been different if the error had not occurred – appeal allowed
Legislation: Crimes Act 1914 (Cth) ss 85M(1), 85ZR, 85ZS Migration Act 1958 (Cth) ss 499, 501(2), 501(3A), 501(7)(c), 501CA Federal Court Rules 2011 (Cth) r 36.05 Children (Criminal Proceedings) Act 1987 (NSW) ss 14(1), 14(1)(a), 15 Youth Justice Act 1992 (Qld) s 184(2)
Cases cited: Au v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 295 FCR 315 Boensch v Pascoe (2019) 268 CLR 593 Lesianawai v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 6; 98 ALJR 475 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12; 98 ALJR 610 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Thornton (2023) 276 CLR 136 TPTN and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] AATA 262 TPTN v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 788
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