Holani v Minister for Immigration and Citizenship [2007] FCA 1140

FEDERAL COURT OF AUSTRALIA

Holani v Minister for Immigration and Citizenship [2007] FCA 1140

MIGRATION– cancellation of applicant's visa by the Minister –whether decision to cancel the applicant's visa affected by jurisdictional error – applicant has four children under the age of 18 years – whether Minister took into account as a primaryconsideration the best interests of the children – whether Minister took into account the best interests of allfour of the children –whether Minister gave "proper, genuine and realistic consideration" to the best interests of applicant's children Joshua and Larni Held: Appeal dismissed. It is not possible to conclude other than that the Minister did properly give primary consideration to the best interests of all of the applicant's children aged under 18 years. The Minister acknowledged that the applicant had a close relationship with all four children, and the material before the Minister did not bring to attention the specific needs of any particular child other than that of the applicant's autistic son, upon whom the Minister specifically commented. The Minister was not obliged to inquire further. The Minister considered the material before him regarding Joshua and Larni in so far as it described their close relationship with the applicant and the support the applicant provided to them. In doing so the Minister gave their interests proper, genuine and realistic consideration. Any error the Minister made with respect to the living arrangements of and the applicant's access to Joshua and Larni were errors of fact. Ultimately, the Minister found that the best interests of the children should be given substantial weight, but that such interests were outweighed by those of the Australian community. Such a finding is not for this Court to reconsider in the absence of jurisdictional error.