NLHN v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1001

Federal Court of Australia

NLHN v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1001 Review of: Application for judicial review: NLHN v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 502

File number: NSD 343 of 2021

Judgment of: ABRAHAM J

Date of judgment: 24 August 2021

Catchwords: MIGRATION – cancellation of Class TY, Subclass 444 Special Category (Temporary) visa of New Zealand citizen under s 501(3A) of Migration Act 1958 (Cth) – where applicant failed to pass character test on basis that he has a "substantial criminal record" – application for judicial review of decision of Administrative Appeals Tribunal (Tribunal) affirming a decision of the delegate not to revoke cancellation – whether Tribunal failed to adequately consider factors raised by applicant in regard to expectations of Australian community – whether Tribunal formed its own views of expectations of Australian community – FYBR v Minister for Home Affairs [2019] FCAFC 185; (2019) 272 FCR 454 considered – no jurisdictional error established – application dismissed

Legislation: Migration Act 1958 (Cth) ss 501, 501(3A), 501(6), 501(6)(a), 501(7)(c), 501CA, 501CA(3), 501CA(4) Direction no. 79 –Visa refusal and cancellation under s501 and revocation of a mandatory cancellation of a visa under s501CA

Cases cited: Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; (2017) 252 FCR 352 FYBR v Minister for Home Affairs [2019] FCAFC 185; (2019) 272 FCR 454 Minister for Home Affairs v Omar [2019] FCAFC 188; (2019) 272 FCR 589 NLHN v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 502