Federal Court of Australia
Federal Court of Australia
LRMM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1039 File number: QUD 140 of 2021
Judgment of: LOGAN J
Date of judgment: 26 August 2021
Catchwords: MIGRATION – application for judicial review of the decision of the Administrative Appeals Tribunal to affirm the decision of a delegate of the Minister not to revoke the mandatory cancellation of the applicant's protection visa – where Tribunal required by ministerial Direction 79 to consider the applicant's "health" as an impediment to removal – whether Tribunal had considered the applicant's dependency on alcohol – where said alcohol dependency featured prominently in Tribunal's consideration of the risk of re-offending – where applicant's statement of personal information and submissions to the Tribunal did not address the alcohol dependency as a health concern – held: the Tribunal erred in not taking into account a relevant consideration – application granted MIGRATION – whether the Tribunal erred in not making a finding in respect of the applicant's citizenship – where Tribunal clearly considered the applicant a citizen of Ethiopia – where Tribunal considered the prospect of prolonged detention – held: ground not made out MIGRATION – whether the Tribunal's finding that the applicant would face "some difficulty" in establishing himself in Ethiopia was illogical or irrational – where the real error is a failure to take into account a relevant consideration – held: ground not made out
Legislation: Migration Act 1958 (Cth) ss 499, 5013A, 501CA
Cases cited: AAL19 v Minister for Home Affairs (2020) 277 FCR 393 Frugtniet and Australian Securities and Investments Commission (2019) 266 CLR 250 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Jebb v Repatriation Commission (1988) 80 ALR 329 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 MZAPC v Minister for Immigration and Border Protection (2021) 95 ALJR 441 Re Easton and Repatriation Commission (1987) 6 AAR 558 Shi v Migration Agents Registration Authority (2008) 235 CLR 286
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