Bale v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 646

FEDERAL COURT OF AUSTRALIA

Bale v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 646 Review of: Application for judicial review of the Administrative Appeals Tribunal decision, delivered on 19 November 2019 by Senior Member Griffin

File number: NSD 2114 of 2019

Judge: PERRAM J

Date of judgment: 14 May 2020

Catchwords: MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal affirming delegate's decision not to revoke cancellation of Class UK Subclass 820 spouse visa – where Applicant has substantial criminal record and serving sentence of imprisonment – where visa mandatorily cancelled under Migration Act 1958 (Cth) s 501(3A) – where immediate family member also victim of Applicant's crime – whether Tribunal must consider effect of non-revocation on family member in both capacities MIGRATION – where Applicant submitted Tribunal failed to apply active intellectual consideration to representations made – whether representations constituted substantial and clearly articulated arguments – whether Tribunal's failure to consider representations led to jurisdictional error

Legislation: Migration Act 1958 (Cth) ss 189, 499, 501(3A), 501CA

Cases cited: BQL15 v Minister for Immigration and Border Protection [2018] FCAFC 104 Hodgson v Minister for Immigration and Border Protection [2017] FCA 1141 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 Minister for Home Affairs v Omar [2019] FCAFC 188; 373 ALR 569 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216 Navoto v Minister for Home Affairs [2019] FCAFC 135 RZSN v Minister for Home Affairs [2019] FCA 1731 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116; 263 FCR 531