MBJY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1161

Federal Court of Australia

MBJY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1161 Review of: MBJY and Minister for Home Affairs [2019] AATA 4055

File number: WAD 356 of 2019

Judgment of: JACKSON J

Date of judgment: 12 August 2020

Catchwords: MIGRATION - application for judicial review of decision of the Administrative Appeals Tribunal - decision of delegate of Minister not to revoke mandatory cancellation of visa - whether Tribunal adequately considered the best interests of applicant's minor child - no error disclosed ADMINISTRATIVE LAW - reasonable apprehension of bias - taking irrelevant matter into account -where applicant had 'substantial criminal record' - where applicant convicted of some offences but acquitted of another in same criminal proceeding - where Tribunal received materials relating to the charge upon which the applicant was acquitted - relevance of acquittal - whether taking into account the acquittal material was inconsistent with the acquittal - consideration of HZCP v Minister for Immigration and Border Protection [2019] FCAFC 202; (2019) 168 ALD 1 - material relating to acquittal relevant to issue before Tribunal - Tribunal did not in fact take acquittal materials into account - application dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 33, 43 Migration Act 1958 (Cth) ss 499, 500, 501, 501CA Ministerial Direction No 79 - Visa refusal and cancellation under s 501 and revocation of a mandatory cancellation of a visa under s 501CA (Cth)