Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Downes v Minister for Home Affairs [2020] FCA 54 Review of: Application for Judicial Review of the Administrative Appeals Tribunal decision, delivered on 27 March 2019 by Member M Kennedy
File number: SAD 98 of 2019
Judge: CHARLESWORTH J
Date of judgment: 5 February 2020
Catchwords: MIGRATION – judicial review of decision of Administrative Appeals Tribunal affirming a decision not to revoke the cancellation of a visa – Tribunal bound by a direction issued under s 499 of the Migration Act 1958 (Cth) to consider the best interests of minor children in Australia – non-citizen's partner having four children from prior relationships – children residing in state care – Tribunal aware of the existence of the children and other limited information concerning their circumstances – interests of children not advanced in submissions in support of the non-citizen's case on the review – whether Tribunal erred by failing to determine whether revocation of the cancellation of the visa was in the best interests of the children – whether any such error was jurisdictional having regard to the paucity of evidence about the children's circumstances MIGRATION – whether Tribunal committed jurisdictional error by misapplying a direction issued under s 499 of the Migration Act 1958 (Cth) in relation to the strength and nature of a non-citizen's ties to Australia
Legislation: Migration Act 1958 (Cth) ss 474, 476A, 499, 500, 501, 501CA
Cases cited: AYY17 v Minister for Immigration and Border Protection (2018) 261 FCR 503 Craig v South Australia (1995) 184 CLR 163 EVS17 v Minister for Immigration and Border Protection [2019] FCAFC 20 FCFY v Minister for Home Affairs (No 2) [2019] FCA 1990 Hong v Minister for Immigration and Border Protection & Anor [2019] HCATrans 230 Hong v Minister for Immigration and Border Protection [2019] FCAFC 55 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Minister for Home Affairs v Buadromo [2018] FCAFC 151; 362 ALR 48 Minister for Immigration and Border Protection v DRP17 [2018] FCAFC 198 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 Paerau v Minister for Immigration and Border Protection (2014) 219 FCR 504 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 Uelese v Minister for Immigration and Border Protection (2015) 256 CLR 203
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate