PGDX v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1235

Federal Court of Australia

PGDX v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1235 Appeal from: PGDX and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 339

File number(s): NSD 247 of 2021

Judgment of: KERR J

Date of judgment: 18 October 2021

Catchwords: MIGRATION – application for review of a decision of the Administrative Appeals Tribunal affirming a decision of a delegate of the Minister to cancel the Applicant's visa – where decision to cancel Applicant's visa was a mandatory cancellation resulting from a criminal conviction and sentence of imprisonment – whether the terms of cl 14.4 of Direction No 79, properly construed, exclude the decision maker from having to take into account under that clause the "impact" on a victim of a decision to revoke a visa cancellation where the evidence of the victim is that the impact of such a decision on the victim will be positive – DKN20 v Minister for Immigration, Citizenship and Migrant Services and Multicultural Affairs [2021] FCAFC distinguished – considerations to be taken into account by a decision maker pursuant to cl 14.4 of Direction No 79 may weigh either in favour of, or against whether to revoke a mandatory cancellation of a visa – information provided by a victim must be taken into account whether adverse to or consistent with the interest of the offender – application granted and review remitted

Legislation: Migration Act 1958 (Cth) Direction No 79 – Visa refusal and cancellation under s 501 and revocation of a mandatory cancellation of a visa under s 501CA, cl 14.4, s 2(8)(3)