DTCB v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1098

Federal Court of Australia

DTCB v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1098 Application for judicial review: Application of judicial review of the Administrative Appeals Tribunal decision delivered on 12 April 2021

File number(s): QUD 156 of 2021

Judgment of: SC DERRINGTON J

Date of judgment: 10 September 2021

Catchwords: MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal ('Tribunal') to affirm decision of a delegate of the Minister to not revoke the cancellation of the Applicant's visa – whether Tribunal fell into jurisdictional error by failing to consider evidence on impact non-revocation of visa cancellation decision would have on stepfather, mother and sister – whether Tribunal failed to adequately consider best interests of minor children – whether Tribunal fell into material illogical reasoning on the way to its conclusion on the extent of impediments that the Applicant faced

Legislation: Migration Act 1958 (Cth), ss 476A, 499, 501, 501CA Migration Regulations 1994 (Cth) reg 2.52

Cases cited: Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; (2017) 252 FCR 352 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; (2018) 267 FCR 628 Matthews v Minister for Home Affairs [2020] FCAFC 146 Minister for Home Affairs v Omar [2019] FCAFC 188; (2019) 272 FCR 589 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; (2021) 390 ALR 590