Kare Kare v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1643

Federal Court of Australia

Kare Kare v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1643 Review of: Application for judicial review of the Administrative Appeals Tribunal decision delivered on 12 March 2020 by Member Arends

File number: QUD 101 of 2020

Judgment of: RANGIAH J

Date of judgment: 16 November 2020

Catchwords: MIGRATION – judicial review of decision of Administrative Appeals Tribunal to affirm decision of Minister to not revoke mandatory visa cancellation under s 501CA(4) of the Migration Act 1958 (Cth) – whether Tribunal failed to consider relevant material – whether Tribunal failed to consider a relevant consideration – whether failure to consider was legally unreasonable – application dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 43 Migration Act 1958 (Cth) ss 476A, 499, 500, 501 and 501CA

Cases cited: AAG16 v Minister for Immigration and Border Protection [2019] FCA 1214 AXT19 v Minister for Home Affairs [2020] FCAFC 32 BDN19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 354 BSJ16 v Minister for Immigration and Border Protection [2016] FCA 1181 BVD17 v Minister for Immigration and Border Protection (2019) 373 ALR 196; [2019] HCA 34 Chen v Minister for Immigration and Border Protection [2017] FCA 46 Craig v South Australia (1995) 184 CLR 163 EVK18 v Minister for Home Affairs [2020] FCAFC 49 GBV18 v Minister for Home Affairs [2020] FCAFC 17 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 HZCP v Minister for Immigration and Border Protection (2019) 273 FCR 121 Kamal v Minister for Immigration & Multicultural Affairs [2001] FCA 387 King v Minister for Immigration and Border Protection (2014) 142 ALD 305; [2014] FCA 766 Minister for Home Affairs v Omar (2019) 272 FCR 589 Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Border Protection v SZSRS (2014) 309 ALR 67; [2014] FCAFC 16 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 NAHI v Minister For Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 10 Pallas v Minister for Home Affairs [2019] FCAFC 149 SZDXZ v Minister for Immigration and Citizenship [2008] FCAFC 109 Uelese v Minister for Immigration and Border Protection (2016) 248 FCR 296