Federal Court of Australia
Federal Court of Australia
Titoa v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 163 Appeal from: Titoa v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 605
File number(s): QUD 374 of 2024
Judgment of: BURLEY, MCEVOY AND NEEDHAM JJ
Date of judgment: 13 December 2024
Catchwords: MIGRATION – whether Tribunal had made an implied determination pursuant to Direction 90 about whether non-revocation of visa cancellation was in the best interests of minor children – determination found to have been made – notice of contention upheld – appeal dismissed.
Legislation: Migration Act 1958 (Cth) ss 499(1), 499(2A), 501, 501(3A), 501(6), 501CA Direction No. 90 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA (8 March 2021) Direction No. 99 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA (23 January 2023)
Cases cited: GCRM v Minister for Immigration. Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 678; 170 ALD 319 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12; 98 ALJR 610 Mailau v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 610 Minister for Immigration, Citizenship and Multicultural Affairs v RGKY [2022] FCAFC 177 Paerau v Minister for Immigration and Border Protection [2014] FCAFC 28; 219 FCR 504 Spruill v Minister for Immigration and Citizenship [2012] FCA 1401; 135 ALD 45 Titoa and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2022] AATA 2329 Titoa v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 605
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