Bettencourt v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 162

Federal Court of Australia

Bettencourt v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 162 File number: WAD 258 of 2020

Judgment of: THAWLEY J

Date of judgment: 2 March 2021

Catchwords: MIGRATION – application for review of decision under s 501CA(4) of the Migration Act 1958 (Cth) not to revoke cancellation decision made under s 501(3A) – whether the Minister gave proper, genuine and realistic consideration to, or engaged in an active intellectual process with, representations regarding the applicant's suicide risk – whether the Minister gave proper, genuine and realistic consideration to representations regarding the best interests of the applicant's children – application dismissed

Legislation: Acts Interpretation Act 1901 (Cth) s 25D Migration Act 1958 (Cth) ss 476A, 501, 501CA, 501G

Cases cited: BVD17 v Minister for Immigration and Border Protection (2019) 93 ALJR 1091 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 ETA067 v Republic of Nauru (2018) 92 ALJR 1003 GBV18 v Minister for Home Affairs (2020) 274 FCR 202 Hands v Minister for Immigration and Border Protection (2018) 267 FCR 628 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 Maioha (2018) 267 FCR 643 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Navoto v Minister for Home Affairs [2019] FCAFC 135 Singh v Minister for Home Affairs (2019) 267 FCR 200 SZTMD v Minister for Immigration and Border Protection (2015) 150 ALD 34 Webb v Minister for Home Affairs [2020] FCA 831