Tran v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 75

Federal Court of Australia

Tran v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 75 Appeal from: Tran and Minister for Immigration, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 1423

File number(s): NSD 625 of 2020

Judgment of: PERRY J

Date of judgment: 9 February 2021

Catchwords: MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal affirming delegate's decision not to revoke mandatory cancellation of applicant's visa on character grounds – whether errors in Tribunal's reasons were material – where the Tribunal applied the correct test under s 501CA(4) of the Migration Act 1958 (Cth) – application dismissed

Legislation: Migration Act 1958 (Cth) ss 476A, 499, 501, 501CA Migration Amendment (Character and General Visa Cancellation) Act 2014 (Cth)

Cases cited: AIJ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2205 AVQ15 v Minister for Immigration and Border Protection [2018] FCAFC 133; (2018) 266 FCR 83 Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 Matthews v Minister for Home Affairs [2020] FCAFC 146 Minister for Home Affairs v HSKJ [2018] FCAFC 217; (2018) 266 FCR 591 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50; (2015) 258 CLR 173 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 [2003] HCA 30; (2003) 77 ALJR 1165 Suleiman v Minister for Immigration and Border Protection [2018] FCA 594