Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v LJTZ [2021] FCA 92

Federal Court of Australia

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v LJTZ [2021] FCA 92 File number: SAD 128 of 2020

Judgment of: WHITE J

Date of judgment: 12 February 2021

Catchwords: PRACTICE AND PROCEDURE – application for extension of time granted. MIGRATION – application for review of a decision of the Administrative Appeals Tribunal to set aside a decision of the Applicant's delegate to cancel the First Respondent's visa – whether the Tribunal misapplied s 501CA(4) of the Migration Act 1958 (Cth) – whether the Tribunal failed to apply correctly Ministerial Direction 79 which required that the nature of the harm and the likelihood of further criminal or serious conduct be considered cumulatively – whether the notion of basic living standards in the context of the First Respondent's home country was applied correctly – application dismissed.

Legislation: Migration Act 1958 (Cth) ss 477A(1), 499, 501CA

Cases cited: AZAFQ v Minister for Immigration and Border Protection [2016] FCAFC 105; (2016) 243 FCR 451 FKP18 v Minister for Immigration and Border Protection [2018] FCA 1555 LJTZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 3356 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Nguyen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 985 XFKR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 323 VKTT v Minister for Home Affairs [2019] FCA 1018; (2019) 166 ALD 443