DKN20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1158

FEDERAL COURT OF AUSTRALIA

DKN20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1158 Appeal from: Application for judicial review of the Administrative Appeals Tribunal decision delivered on 3 April 2020

File number(s): VID 241 of 2020

Judge(s): PERRY J

Date of judgment: 12 August 2020

Catchwords: MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal affirming delegate's decision not to revoke mandatory cancellation of applicant's visa on character grounds – whether Tribunal failed to give proper consideration to best interests of minor child – whether Tribunal failed to properly consider medical evidence and therefore applicant's mental health issues – where applicant seeks to rely upon medical evidence not before the Tribunal to challenge findings of fact – whether Tribunal erred in assessing the seriousness of the applicant's offending – whether Tribunal failed properly to appreciate the impediments the applicant would face if deported and their impact on his loved ones – application dismissed

Legislation: Migration Act 1958 (Cth) ss 37AF(1)(a), 48B, 501(3A),(6),(7), 501C(3)(b), 501CA

Cases cited: Ali v Minister for Home Affairs [2020] FCA 538 ASI17 v Minister for Immigration [2019] FCA 1235 AVQ15 v Minister for Immigration and Border Protection [2018] FCAFC 133; (2018) 266 FCR 83 BRT19 v Minister for Home Affairs [2020] FCA 449 BSJ16 v Minister for Immigration [2017] FCAFC 78; (2017) 252 FCR 82 BYA17 v Minister for Immigration and Border Protection [2019] FCAFC 44; (2019) 269 FCR 94 Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163 Director of Public Prosecutions (Vic) v Perry [2016] VSCA 152; (2016) 50 VR 686 DQM18 v Minister for Home Affairs [2020] FCAFC 110 EVK18 v Minister for Home Affairs [2020] FCAFC 49 FYBR v Minister for Home Affairs [2019] FCAFC 185; (2019) 374 ALR 601 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; (2018) 267 FCR 628 Minister for Home Affairs v Buadromo [2018] FCAFC 151; (2018) 267 FCR 320 Minister for Home Affairs v HSKJ [2018] FCAFC 217; 266 FCR 591 Minister for Home Affairs v Omar [2019] FCAFC 188; (2019) 373 ALR 569 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 83 ALJR 1123 Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719; (1999) 93 FCR 220 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Minister for Immigration v Tesic [2017] FCAFC 93; 251 FCR 23 Navoto v Minister for Home Affairs [2019] FCAFC 135 Oluwafemi v Minister for Home Affairs [2018] FCA 1389 R v Butcher [1986] VR 43; (1985) 16 A Crim R 1 Re Minister for Immigration and Multicultural Affairs; ex parte Applicant S20/2002 [2003] HCA 30; (2003) 77 ALJR 1165 Shi v Migration Agents Registration Authority [2008] HCA 31; (2008) 235 CLR 286 Suleiman v Minister for Immigration and Border Protection [2018] FCA 594 Te Puke v Minister for Immigration [2015] FCA 398; (2015) 230 FCR 499 Tickner v Chapman [1995] FCA 1726; (1995) 57 FCR 451 Vaitaiki v Minister for Immigration and Ethnic Affairs [1998] FCA 5; (1998) 150 ALR 608 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116; (2018) 263 FCR 531 Walker v Minister for Home Affairs [2020] FCA 909 WZAVW v Minister for Immigration and Border Protection [2016] FCA 760