Say v Administrative Appeals Tribunal [2020] FCA 1489

Federal Court of Australia

Say v Administrative Appeals Tribunal [2020] FCA 1489 Review of: Say and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 694

File number: VID 281 of 2020

Judgment of: CHARLESWORTH J

Date of judgment: 15 October 2020

Catchwords: MIGRATION – application for judicial review of a migration decision of the Administrative Appeals Tribunal made in the exercise of its powers of review under s 500 of the Migration Act 1958 (Cth) – where applicant's visa cancelled in the mandatory exercise of the power confirmed by s 501(3A) of the Act – where a delegate of the second respondent refused to revoke the cancellation decision under s 501CA(4) of the Act – where the Tribunal affirmed the delegate's decision – whether the Tribunal failed to comply with a direction issued under s 499 of the Act to have regard to the impediments faced by the applicant if removed – whether the Tribunal failed to engage with the representations made by the applicant – whether the Tribunal's consideration of the weight ascribed to the applicant's criminal offending was legally unreasonable – whether the Tribunal erred in finding that the Australian community would expect that the applicant not hold a visa

Legislation: Migration Act 1958 (Cth) ss 474, 476A, 499, 500, 501, 501CA

Cases cited: ABAR15 v Minister for Immigration and Border Protection (No 2) (2016) 242 FCR 11 FYBR v Minister for Home Affairs (2019) 272 FCR 454 FYBR v Minister for Home Affairs & Anor [2020] HCATrans 56 Minister for Home Affairs v Omar (2019) 272 FCR 589 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 Say and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 694