Savaiinaea v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1849

Federal Court of Australia

Savaiinaea v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1849 Appeal from: Application for judicial review: Savaiinaea v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 3510

File number: QUD 312 of 2020

Judgment of: LOGAN J

Date of judgment: 30 November 2020

Catchwords: MIGRATION – judicial review of a decision of the Administrative Appeals Tribunal (the Tribunal) – where Minister's delegate refused to exercise the discretion to revoke cancellation of the applicant's visa – whether the Tribunal failed to comply with its statutory task and/or with the Minister Direction 79 by failing to consider the interests of the applicant's minor niece and nephews, the applicant's former partner and the applicant's daughter and immediate family

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

Cases cited: AAL19 v Minister for Home Affairs [2020] FCAFC 114 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Frugtniet v Australian Securities and Investments Commission (2019) 266 CLR 250 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Jebb v Repatriation Commission (1988) 80 ALR 329 Minister for Home Affairs v Omar (2019) 272 FCR 589 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Re Easton v Repatriation Commission (1987) 6 AAR 558 Shi v Migration Agents Registration Authority (2008) 235 CLR 286 Uelese v Minister for Immigration and Border Protection (2015) 256 CLR 203