XFCS v Minister for Home Affairs [2020] FCA 71

FEDERAL COURT OF AUSTRALIA

XFCS v Minister for Home Affairs [2020] FCA 71 Review of: XFCS v Minister for Home Affairs (Migration) [2019] AATA 201 (20 February 2019)

File number: VID 290 of 2019

Judge: O'BRYAN J

Date of judgment: 7 February 2020

Catchwords: MIGRATION – application for judicial review of decision of the Administrative Appeals Tribunal refusing to revoke mandatory cancellation of visa by Minister's delegate under section 501CA(4) Migration Act 1958 (Cth) – where applicant did not pass character test due to having a "substantial criminal record" under section 501(6)(a) Migration Act 1958 (Cth) – whether Tribunal failed to exercise jurisdiction by failing to consider applicant's submissions provided by email – whether Tribunal's failure to consider submissions was material to Tribunal's decision – application dismissed

Legislation: Migration Act 1958 (Cth) ss 501(3A)(a)(i), 501(6)(a), 501(7)(c), 501CA(4) Direction No. 65 – Migration Act 1958 – Direction under section 499: Visa refusal and cancellation under s 501 and revocation of a mandatory cancellation of a visa under s 501CA paras 6.3, 7(1)(b), 8(1), 8(3), 8(4), 8(5), 13(2), 13.1, 13.1.1, 13.1.2, 13.3, 14(1)

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 BIL17 v Minister for Immigration and Border Protection [2019] FCAFC 6 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 73 ALD 321 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Minister for Immigration and Border Protection v Maioha (2018) 162 ALD 471 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Singh v Minister for Home Affairs (2019) 267 FCR 200 SZSSC v Minister for Immigration and Border Protection (2014) 142 ALD 150