JZGW v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1333

Federal Court of Australia

JZGW v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1333 Review of: JZGW and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 4430

File number: VID 784 of 2020

Judgment of: BROMBERG J

Date of judgment: 29 October 2021

Catchwords: MIGRATION – mandatory cancellation of applicant's visa under s 501(3A) of the Migration Act 1958 (Cth) – decision of a delegate of the Minister under s 501CA(4) not to revoke the cancellation decision – decision of the Administrative Appeals Tribunal to affirm the delegate's decision – whether the applicant's representation that the consequences of deportation on his psychological health was "another reason" to revoke the cancellation of his visa was sufficiently articulated and significant to give rise to an obligation on the Tribunal to consider it – use of headings – the Tribunal failed to consider clearly expressed and significant representation

Legislation: Migration Act 1958 (Cth) ss 499, 501, 501CA

Cases cited: AXT19 v Minister for Home Affairs [2020] FCAFC 32 AYY17 v Minister for Immigration and Border Protection [2018] FCAFC 89 DQM18 v Minister for Home Affairs (2020) 278 FCR 529 EVK18 v Minister for Home Affairs (2020) 274 FCR 598 GBV18 v Minister for Home Affairs (2020) 274 FCR 202 Guclukol v Minister for Home Affairs [2020] FCAFC 148 Hands v Minister for Immigration and Border Protection (2018) 267 FCR 628 Kasupene v Minister for Immigration and Citizenship [2008] FCA 1609 Minister for Home Affairs v Buadromo (2018) 267 FCR 320 Minister for Home Affairs v Omar (2019) 272 FCR 589 Minister for Immigration and Border Protection v DRP17 (2018) 267 FCR 492 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 215 MQGT v Minister for Home Affairs [2020] FCA 520 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 Navoto v Minister for Home Affairs [2019] FCA 295 Navoto v Minister for Home Affairs [2019] FCAFC 135 Nguyen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 985 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZUTM v Minister for Immigration and Border Protection (2016) 241 FCR 214 Viane v Minister for Immigration and Border Protection (2018) 263 FCR 531 Walker v Minister for Home Affairs [2020] FCA 909