XRZG v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 131

Federal Court of Australia XRZG v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 131 Appeal from: XRZG v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 783

File number(s): NSD 836 of 2023

Judgment of: MARKOVIC, CHEESEMAN AND HORAN JJ

Date of judgment: 11 October 2024

Catchwords: MIGRATION – appeal from decision of primary judge –judicial review of decision of Administrative Appeals Tribunal to affirm decision not to revoke mandatory visa cancellation – whether primary judge erred by failing to find that the Tribunal's decision was legally unreasonable –impugned statement by Tribunal about relative availability of drugs in detention and in the community – whether finding unsupported by any evidence or other material and without probative basis – where Tribunal's statement was based on matters commonly known or personal or specialised knowledge and not required to be supported by specific evidence – appeal dismissed with costs

Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1)(h), (3)(b) Legislation: Income Tax Assessment Act 1936 (Cth) Migration Act 1958 (Cth) ss 501(3A), (6)(a), (7)(c), 501CA(4) Federal Court Rules 2011 (Cth) r 33.21

Assistant Minister for Immigration and Border Protection v Splendido (2019) 271 FCR 595 Australasian Meat Industry Employees' Union v Fair Work Australia (2012) 203 FCR 389 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Australian Retailers Association v Reserve Bank of Australia (2005) 148 FCR 446 BRT19 v Minister for Home Affairs [2020] FCA 449 Buchwald v Minister for Immigration and Border Protection (2016) 242 FCR 65 Chandra v Webber (2010) 187 FCR 31 Chetcuti v Minister for Immigration and Border Protection (2019) 270 FCR 335 Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 289 FCR 21 Duggan v Federal Commissioner of Taxation (1972) 129 CLR 365 EZA20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1775 Hands v Minister for Immigration and Border Protection (2018) 267 FCR 628 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 24; 98 ALJR 610 Masi-Haini v Minister for Home Affairs (2022) 298 FCR 277 McLachlan v Assistant Minister for Immigration and Border Protection [2018] FCA 109 Cases cited: Minister for Immigration and Border Protection v Tesic (2017) 251 FCR 23 Minister for Immigration and Multicultural Affairs v N989/01 [2002] FCAFC 237 Minister for Immigration and Multicultural and Indigenous Affairs v VOAO & VOAP [2005] FCAFC 50 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; 207 ALR 12 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane (2021) 274 CLR 398 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Mukiza (2022) 291 FCR 568 Mukiza v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1503 MZXHY v Minister for Immigration and Citizenship [2007] FCA 622 NAVK v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 124 Schmidt v Minister for Immigration and Border Protection [2018] FCA 1162; 162 ALD 495 SFGB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 231; 77 ALD 402 SZMWQ v Minister for Immigration and Citizenship (2010) 187 FCR 109 TPTN v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 82 Uelese v Minister for Immigration and Border Protection (2016) 248 FCR 296 WAJS v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 240 FCR 261 Waterford v Commonwealth (1987) 163 CLR 54 XRZG v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 783 XRZG v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2022] AATA 3952