Kelekci v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1000

FEDERAL COURT OF AUSTRALIA

Kelekci v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1000 Review of: Kelekci and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 254

File number: NSD 378 of 2020

Judge: LOGAN J

Date of judgment: 24 June 2020

Catchwords: MIGRATION – review of a decision of the Administrative Appeals Tribunal (Tribunal) to affirm the Minister's delegate's decision not to revoke the mandatory cancellation of the applicant's visa – where the Tribunal was obliged to take into account and give effect to ministerial direction no. 79 – whether the Tribunal failed to consider the applicant's relationship with his partner and the consequences which might flow to that relationship if the applicant was deported – whether the Tribunal thereby failed to discharge its review function according to law

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

Cases cited: Anees v Minister for Immigration and Border Protection [2020] FCAFC 28 Attorney-General (NSW) v Quin (1990) 170 CLR 1 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088 Gaspar v Minister for Immigration and Border Protection (2016) 153 ALD 338 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Jebb v Repatriation Commission (1988) 80 ALR 329 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Public Service Board (NSW) v Osmond (1986) 159 CLR 656 Singh v Minister for Home Affairs (2019) 267 FCR 200 Suleiman v Minister for Immigration and Border Protection (2018) 74 AAR 545 Viane v Minister for Immigration and Border Protection (2018) 263 FCR 531