Matthews v Minister for Home Affairs [2019] FCA 2184

FEDERAL COURT OF AUSTRALIA

Matthews v Minister for Home Affairs [2019] FCA 2184 Review of: Matthews and Minister for Home Affairs (Migration) [2018] AATA 1849

File number(s): VID 1266 of 2018

Judge(s): ANDERSON J

Date of judgment: 23 December 2019

Catchwords: MIGRATION – application for judicial review of decision by Administrative Appeals Tribunal (Tribunal) under s 501CA(4) of the Migration Act 1958 (Cth) – where Tribunal decided not to revoke cancellation of applicant's visa – where applicant's mother and three brothers provided letters in support of revocation – where the Tribunal only referred to the evidence of the applicant's mother and one brother – whether the Tribunal failed to have regard to the evidence from the applicant's family regarding the father-like role held by the applicant – whether the failure to refer to the evidence of two brothers was material to the outcome of Tribunal's decision Held: application for judicial review dismissed – no jurisdictional error committed by the Tribunal – Tribunal's apparent failure to have regard to evidence of two brothers was not material to Tribunal's decision

Legislation: Migration Act 1958 (Cth) ss 476(1)(b), 477, 499(2A), 501(2), 501(3A), 501CA(4)

Cases cited: Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 77 ALJR 1088; 197 ALR 389; 73 ALD 321 Matthews and Minister for Home Affairs (Migration) [2018] AATA 1849 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Navoto v Minister for Home Affairs [2019] FCAFC 135