Batson v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1660

Federal Court of Australia

Batson v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1660 Appeal from: Application for Judicial Review: Batson v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 2343

File number: QUD 253 of 2021

Judgment of: LOGAN J

Date of judgment: 19 October 2021

Catchwords: MIGRATION – application for judicial review of Administrative Appeals Tribunal's decision to affirm Minister's non-revocation of mandatory visa cancellation – where applicant submitted to Tribunal that he maintained a relationship with an Australian women with a young child – where Minister conceded before the Tribunal that the applicant had a close family tie to his partner and her daughter – held: Tribunal failed to consider the effect on the applicant's partner as a result of his removal from Australia – where applicant's grandparents submitted a statement detailing the effect the applicant's deportation would have on them – where Tribunal only quoted statement from applicant's father that grandparents would be impacted – held: Tribunal failed to consider the evidence of the applicant's grandparents – whether Tribunal failed to refer to applicant's health conditions as impediment to removal – where Tribunal clearly had regard to symptomatology of applicant – application granted

Legislation: Constitution Migration Act 1958 (Cth) ss 499, 500, 501, 501CA

Cases cited: AAL19 v Minister for Home Affairs (2020) 277 FCR 393 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 Frugtniet v Australian Securities and Investments Commission (2019) 266 CLR 250 Hands v Minister for Immigration and Border Protection (2018) 267 FCR 628 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Jebb v Repatriation Commission (1988) 80 ALR 329 Kwatra v Minister for Immigration [2021] FCA 58 LRMM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1039 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Home Affairs v Omar (2019) 272 FCR 589 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 MZAPC v Minister for Immigration and Border Protection (2021) 95 ALJR 441 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 QHRY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 827 Re Patterson; ex parte Taylor (2001) 207 CLR 391 Shaw v Minister for Immigration and Multicultural Affairs (2003) 218 CLR 28 Shi v Migration Agents Registration Authority (2008) 235 CLR 286