Meyrick v Minister for Home Affairs [2020] FCA 677

FEDERAL COURT OF AUSTRALIA

Meyrick v Minister for Home Affairs [2020] FCA 677 Review from: Meyrick and Minister for Home Affairs [2019] AATA 168

File number: WAD 143 of 2019

Judge: JACKSON J

Date of judgment: 20 May 2020

Catchwords: MIGRATION - application for judicial review of a decision of the Administrative Appeals Tribunal affirming the decision of the Minister's delegate to not revoke the mandatory cancellation of the applicant's visa under s 501(3A) of the Migration Act 1958 (Cth) MIGRATION - whether Tribunal erred in finding that best interests of applicant's infant child did not weigh either for or against revocation of the cancellation of his visa - whether finding inconsistent with the Family Law Act 1975 (Cth) - whether direction made by the Minister under s 499 of the Migration Act (Direction 65) inconsistent with the Family Law Act or the common law - whether Direction 65 should be read down to be consistent with the Act - whether para 13.2(4)(a) of Direction 65 applies to parental relationship - whether finding inconsistent with international law - Direction 65 not inconsistent with the Family Law Act or international law or common law principles - finding not based on misunderstanding or misapplication of Direction 65 MIGRATION - whether Tribunal failed to adequately consider material provided by the applicant - principles applicable to determining whether Tribunal failed to consider a relevant matter - Tribunal engaged in an active intellectual process - Tribunal adequately considered relevant matters - whether finding that 'impact on victims' consideration weighed neither in favour nor against revocation was legally unreasonable - onus on applicant to establish that Tribunal failed to adequately consider impact of non-revocation on certain persons - finding not illogical, irrational or unsupported by logical grounds - application dismissed