Gage v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1298

Federal Court of Australia

Gage v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1298 Appeal from: Gage and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 326

File number: WAD 77 of 2020

Judge: ABRAHAM J

Date of judgment: 9 September 2020

Catchwords: MIGRATION – visa cancellation – review of decision of Administrative Appeals Tribunal not to revoke cancellation – where applicant failed character test – whether there was another reason to revoke the cancellation – where the Tribunal failed to comply with Direction 79 –– where the failure to comply with Direction 79 resulted in error – where the error was material – application allowed and Tribunal decision set aside

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

Cases cited: AON15 v Minister for Immigration and Border Protection [2019] FCAFC 48; (2019) 269 FCR 184 AZAFQ v Minister for Immigration and Border Protection [2016] FCAFC 105; (2016) 243 FCR 451 DNQ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 72 DQM18 v Minister for Home Affairs [2020] FCAFC 110 Dunn v Minister for Immigration and Border Protection [2018] FCAFC 233; (2018) 267 FCR 246 Gaspar v Minister for Immigration and Border Protection [2016] FCA 1166; (2016) 153 ALD 338 Minister for Home Affairs v Buadromo [2018] FCAFC 151; (2018) 267 FCR 320 Minister for Home Affairs v Stowers [2020] FCA 407 Minister for Immigration and Border Protection v DRP17 [2018] FCAFC 198; (2018) 267 FCR 492 Minister for Immigration and Border Protection v SZMTA; CQZ15 v Minister for Immigration and Border Protection; BEG15 v Minister for Immigration and Border Protection [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Citizenship v Khadgi [2010] FCAFC 145; (2010) 190 FCR 248 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 MNLR v Minister for Home Affairs [2020] FCA 948 Nguyen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 985 PQSM v Minister for Home Affairs [2020] FCAFC 125 Suleiman v Minister for Immigration and Border Protection [2018] FCA 594 VKTT v Minister for Home Affairs [2019] FCA 1018 Williams v Minister for Immigration and Border Protection [2014] FCA 674; (2014) 226 FCR 112 XFCS v Minister for Home Affairs [2020] FCAFC 140