Shrestha v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 802

Federal Court of Australia

Shrestha v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 802 Review of: Shrestha v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 4511

File number: NSD 1352 of 2020

Judgment of: MARKOVIC J

Date of judgment: 16 July 2021

Catchwords: MIGRATION – application for review of a decision of the Administrative Appeals Tribunal (Tribunal) affirming decision of first respondent not to grant a Skilled Regional (subclass 887) visa to applicant – where applicant does not pass character test under s 501 of the Migration Act 1958 (Cth) by reason of substantial criminal record – where applicant has been present in Australia since early adulthood – whether cl 6.3(5) of Direction No. 79 "Visa refusal and cancellation under s 501 and revocation of a mandatory cancellation of a visa under s 501CA" (Direction 79) applies to non-citizens who have resided in Australia for "most of their adult life" but not "most of their life" – whether Tribunal fell into jurisdictional error by misconstruing cl 6.3(5) of Direction 79 – application dismissed

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

Cases cited: Aitchison v Minister for Immigration, Citizenship, Migrant Services and Multicultural Services [2021] FCA 357 Applicant S270/2019 v Minister for Immigrating and Border Protection [2020] HCA 32 FYBR v Minister for Home Affairs [2019] FCAFC 185 Jabbour v Secretary, Department of Home Affairs [2019] FCA 452 Mataia v Minister for Immigration and Border Protection [2018] FCA 401 NWQR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1077