Au v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1240

Federal Court of Australia

Au v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1240 Review of: Au v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 372

File number(s): SAD 49 of 2021

Judgment of: CHEESEMAN J

Date of judgment: 14 October 2021

Catchwords: MIGRATION – judicial review under s 501CA(4) of the Migration Act 1958 (Cth) of a decision of the Administrative Appeals Tribunal affirming the delegate's decision not to revoke a mandatory visa cancellation under s 501(3A) of the Act – whether the Tribunal misapprehended its statutory task – whether the Tribunal failed to consider the impact of non-revocation on the applicant's Australian resident sister – whether the Tribunal failed to give genuine and proper consideration to the human consequences of permanent exclusion from Australia – whether the Tribunal failed to attribute appropriate weight to considerations prescribed by Direction 79 – whether the Tribunal's reliance on expert evidence concerning the applicant's risk of reoffending was legally illogical or irrational – held: application dismissed with costs.

Legislation: Migration Act 1958 (Cth) ss 476A, 499, 501, 501CA Migration Regulations 1994 (Cth), Schedule 5, item 5001

Cases cited: Ali v Minister for Home Affairs [2020] FCAFC 109; (2020) 278 FCR 627 ARG15 v Minister for Immigration and Border Protection and Anor [2016] FCAFC 174; (2016) 250 FCR 109 Bettencourt v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 172 EHF17 v Minister for Immigration and Border Protection [2019] FCA 1681; (2019) 272 FCR 409 ETA067 v The Republic of Nauru [2018] HCA 46; (2018) 92 ALJR 1003 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; (2018) 267 FCR 628 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 Hunt v Minister for Immigration, Citizenship Migrant Services and Multicultural Affairs [2021] FCA 507 Marzano v Minister for Immigration and Border Protection [2017] FCAFC 66; (2017) 250 FCR 548 Marzano v Minister for Immigration and Border Protection [2016] FCA 1180 Matthews v Minister for Home Affairs [2020] FCAFC 146 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 264 CLR 541 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99; [2013] FCA 317 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Norbis v Norbis [1986] HCA 17; (1986) 161 CLR 513 Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50; (2015) 258 CLR 173 QJYD v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 962 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 [2003] HCA 30; (2003) 77 ALJR 1165 Suleiman v Minister for Immigration and Border Protection [2018] FCA 594 SZWCO v Minister for Immigration and Border Protection [2016] FCA 51 Tanielu v Minister for Immigration and Border Protection [2014] FCA 1221; (2014) 226 FCR 154 Tohi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 125 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116; (2018) 263 FCR 531