Kura v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1478

Federal Court of Australia

Kura v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1478 Review of: Application for judicial review: Kura and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2019] AATA 5428 (17 December 2019)

File number: VID 440 of 2020

Judgment of: KERR J

Date of judgment: 12 October 2020

Date of publication of reasons: 14 October 2020

Catchwords: MIGRATION – visa cancellation on character grounds – application for review of decision of Administrative Appeals Tribunal affirming decision not to revoke visa cancellation pursuant to s 501CA(4) of the Migration Act 1958 (Cth) – where in assessing the risk of the Applicant reoffending as was relevant to the primary consideration of the protection of the Australian community, the Tribunal proceeded under a misapprehension that the Applicant had been given a second chance by the Drug Court of which he had not taken advantage – error of fact found to be in respect of a critical matter – jurisdictional error established – application upheld MIGRATION – visa cancellation on character grounds – application for review of decision of Administrative Appeals Tribunal affirming decision not to revoke visa cancellation pursuant to s 501CA(4) of the Migration Act 1958 (Cth) – where Applicant a New Zealand national who had migrated to Australia as a child and had held a Class TY Special Category (Subclass 444) Visa – where Tribunal incorrectly applied sub-paragraph 6.3(6) of Ministerial Direction No. 79 when the applicable provisions were sub-paragraphs 6.3(5) and 6.3(7) – jurisdictional error established – application upheld