Okoh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 84

Federal Court of Australia

Okoh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 84 Appeal from: Application for judicial review: Okoh and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 3313

File number: WAD 214 of 2020

Judgment of: DERRINGTON J

Date of judgment: 10 February 2021

Catchwords: MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal – original decision by delegate of Minister not to revoke mandatory visa cancellation under s 501CA(4) of the Migration Act 1958 (Cth) – whether jurisdictional error – whether the Tribunal erred in giving adverse weight to the short period of time the applicant had contributed to the Australian community prior to offending – whether the Tribunal failed to take into account the effect of non-revocation on the applicant's partner – whether the Tribunal failed to consider representations made by the applicant – application allowed

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

Cases cited: Ali v Minister for Home Affairs [2020] FCAFC 109 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 Avon Downs Pty Ltd v Federal Commissioner of Taxation (1949) 78 CLR 353 Downes v Minister for Home Affairs [2020] FCA 54 FCFY v Minister for Home Affairs (No 2) [2019] FCA 1990 GBV18 v Minister for Home Affairs [2020] FCAFC 17 Goundar v Minister for Immigration and Border Protection (2016) 160 ALD 123 Graham v Minister for Immigration & Border Protection [2017] HCA 33 Guclukol v Minister for Home Affairs [2020] FCAFC 148 Hands v Minister for Immigration and Border Protection (2018) 267 FCR 628 Hernandez v Minister for Home Affairs [2020] FCA 415 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Lu v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 141 FCR 346 Minister for Home Affairs v Buadromo (2018) 267 FCR 320 Minister for Home Affairs v HSKJ (2018) 266 FCR 591 Minister for Home Affairs v Omar (2019) 272 FCR 589 Minister for Immigration and Border Protection v BHA17 (2018) 260 FCR 523 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 MQGT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 215 RZMW v Minister for Home Affairs (2019) 168 ALD 176 Suleiman v Minister for Immigration and Border Protection [2018] FCA 594 Wei v Minister for Immigration & Border Protection (2015) 257 CLR 22