MXDK v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1142

Federal Court of Australia

MXDK v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1142 Review from: Application for judicial review: MXDK and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 3762

File number: NSD 1127 of 2020

Judgment of: ABRAHAM J

Date of judgment: 23 September 2021

Catchwords: MIGRATION – cancellation of Class TY, Subclass 444 Special Category (Temporary) visa of New Zealand citizen under s 503(3A) of Migration Act 1958 (Cth) – where applicant failed to pass character test on the basis that he has a "substantial criminal record" – application for judicial review of decision of the Administrative Appeals Tribunal (Tribunal) affirming a decision of the delegate not to revoke cancellation – whether Tribunal failed to consider representations made by applicant – no jurisdictional error established – application dismissed

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

Cases cited: AWU16 v Minister for Immigration and Border Protection [2020] FCA 513 AXT19 v Minister for Home Affairs [2020] FCAFC 32 Collector of Customs v Pozzolanic Enterprises Pty Ltd [1993] FCA 456; (1993) 43 FCR 280 Downes v Minister for Home Affairs [2020] FCA 54; (2020) 168 ALD 498 DQM18 v Minister for Home Affairs [2020] FCAFC 110; (2020) 278 FCR 529 EVK18 v Minister for Home Affairs [2020] FCAFC 49; (2020) 274 FCR 598 GBV18 v Minister for Home Affairs [2020] FCAFC 17; (2020) 274 FCR 202 HWLJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1039 McCutcheon v Minister for Immigration and Border Protection [2018] FCA 828 McLachlan v Assistant Minister for Immigration and Border Protection [2018] FCA 109 Minister for Home Affairs v Omar [2019] FCAFC 188; (2019) 272 FCR 589 Minister for Immigration and Border Protection v BHA17 [2018] FCAFC 68; (2018) 260 FCR 523 Minister for Immigration and Border Protection v CPA16 [2019] FCAFC 40; (2019) 268 FCR 37 Minister for Immigration and Border Protection v DRP17 [2018] FCAFC 198; (2018) 267 FCR 492 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216; (2018) 267 FCR 643 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 MXDK and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 3762 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; (2021) 95 ALJR 441 Nguyen v Minister for Home Affairs [2020] FCA 127 PQSM v Minister for Home Affairs [2019] FCA 1540 RZMW v Minister for Home Affairs [2019] FCA 1761; (2019) 168 ALD 176 Say v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 84 Swannick v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 165; (2018) 280 FCR 559 SZIFI v Minister for Immigration and Multicultural and Indigenous Affairs [2007] FCA 63; (2007) 238 ALR 611 Uelese v Minister for Immigration and Border Protection [2016] FCA 348; (2016) 248 FCR 296 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116; (2018) 263 FCR 531