NWQR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1077

FEDERAL COURT OF AUSTRALIA

NWQR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1077 Review of: Application for judicial review of the Administrative Appeals Tribunal Decision Re NWQR and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2019/8478) delivered on 3 March 2020 by Senior Member M Griffin QC

File number(s): NSD 407 of 2020

Judge(s): BROMWICH J

Date of judgment: 29 July 2020

Catchwords: MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal not to revoke the mandatory cancellation of visa – where delegate of the Minister not satisfied there was another reason to revoke cancellation – whether Tribunal took into account all of the impediments the applicant would face upon return to Tonga – whether Tribunal failed to discharge its statutory task in purporting to give effect to principles in Direction 79 in forming its revocation decision – no jurisdictional error by Tribunal in considering evidence – Tribunal considered mandatory considerations – principles in Direction 79 not intended to operate as a mandatory relevant consideration – application dismissed

Legislation: Migration Act 1958 (Cth), s 501(3A), Direction no. 79 under s 499

Cases cited: Craig v South Australia (1995) 184 CLR 163 FKP18 v Minister for Immigration and Border Protection [2018] FCA 1555 FYBR v Minister for Home Affairs [2019] FCAFC 185; 374 ALR 601 McAuliffe v Secretary, Department of Social Security [1992] FCA 483; 28 ALD 609 Minister for Home Affairs v Buadromo [2018] FCAFC 151; 267 FCR 320 Minister for Immigration and Border Protection v DRP17 [2018] FCAFC 198; 267 FCR 492 Minister for Immigration and Citizenship v Obele [2010] FCA 1445 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; 212 FCR 99