Minister for Home Affairs v Stowers [2020] FCA 407

FEDERAL COURT OF AUSTRALIA

Minister for Home Affairs v Stowers [2020] FCA 407 Review of: Application for judicial review: Stowers and Minister for Home Affairs (Migration) [2019] AATA 3640 (19 September 2019)

File number: NSD 1762 of 2019

Judge: YATES J

Date of judgment: 27 March 2020

Catchwords: MIGRATION – application for judicial review of decision by Administrative Appeals Tribunal to revoke decision to cancel the respondent's visa cancelled pursuant to s 501(3A) of the Migration Act 1958 (Cth) - whether Tribunal failed to take into account mandatory considerations required by Ministerial Direction 79 – application granted

Legislation: Acts Interpretation Act 1901 (Cth) s 25D Administrative Appeals Tribunal Act 1975 (Cth) s 43(1) Migration Act 1958 (Cth) ss 499, 501(3A), 501(6)(a), 501CA(4)

Cases cited: Collector of Customs v Pozzolanic (1993) 43 FCR 280 Malek Fahd Islamic School Limited v Minister for Education and Training (No 2) [2017] FCA 1377 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; 230 FCR 431 Minister for Immigration and Citizenship v Khadgi [2010] FCAFC 145; 190 FCR 248 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 McAuliffe v Secretary, Department of Social Security (1992) 28 ALD 609 VKTT v Minister for Immigration and Border Protection [2019] FCA 1018 Salahuddin v Minister for Immigration and Border Protection [2013] FCAFC 141 Stowers v Minister for Immigration and Border Protection [2018] FCAFC 174; 265 FCR 177 Suleiman v Minister for Immigration and Border Protection [2018] FCA 594; 74 AAR 545