PYDZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1050

Federal Court of Australia

PYDZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1050 Appeal from: PYDZ v Minister for Immigration Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 1138

File number: QUD 163 of 2021

Judgment of: MIDDLETON J

Date of judgment: 2 September 2021

Catchwords: MIGRATION – judicial review of decision of decision of Administrative Appeals Tribunal under s 501CA(4) of the Migration Act 1958 (Cth) to not revoke delegate's decision under s 501(3A) to cancel visa – whether validity of decision under s 501(3A) affects Tribunal's ability to conduct review under s 501CA(4) – whether the Court has jurisdiction to review s 501(3A) decision under s 476A of the Act or under its accrued or associated jurisdiction – where Tribunal misapplied Direction 90 in considering the expectations of the Australian community – whether error material – whether there was a failure to consider country information – whether applicant was denied procedural fairness by the Tribunal failing to consider claims – whether the Tribunal's decision was legally unreasonable, illogical and irrational – application dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Judiciary Act 1901 (Cth) Migration Act 1958 (Cth)

Cases cited: AFX17 v Minister for Home Affairs [2020] FCA 807 Ali v Minister for Home Affairs (2020) 278 FCR 627 Applicant S270/2019 v Minister for Immigration and Border Protection [2020] HCA 32 CQG15 v Minister for Immigration and Border Protection (2016) 253 FCR 496 DDP16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 275 Kelekci v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1000 FCFY v Minister for Home Affairs (No 2) [2019] FCA 1990 Frugtniet v Australian Securities and Investments Commission (2019) 266 CLR 250 FYBR v Minister for Home Affairs [2019] FCA 500 FYBR v Minister for Home Affairs (2019) 272 FCR 454 Hands v Minister for Immigration and Border Protection (2018) 267 FCR 628 Ibrahim v Minister for Home Affairs (2019) 270 FCR 12 KDSP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] HCA 24 Minister for Home Affairs v Omar (2019) 272 FCR 589 Minister for Immigration and Border Protection v SZSSJ (2016) 259 CLR 180 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v PWDL [2020] FCA 394 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v FAK19 [2021] FCAFC 153 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; (2021) 390 ALR 590 Philip Morris Inc v Adam P Brown Male Fashions Pty Ltd (1981) 148 CLR 457 Re Wakim; Ex Parte McNally (1999) 198 CLR 511 Tang v Minister for Immigration and Citizenship (2013) 217 FCR 55 Viane v Minister for Immigration and Border Protection (2018) 263 FCR 531 XJLR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 619 Zyambo v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 545