Campbell v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 228

FEDERAL COURT OF AUSTRALIA

Campbell v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 228 Appeal from: Campbell and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 1879.

File number(s): QUD 223 of 2021

Judgment of: BROMWICH J

Date of judgment: 17 March 2022

Catchwords: MIGRATION – Application for judicial review from a decision of the Administrative Appeals Tribunal –whether the Tribunal has capacity to go behind a criminal conviction in hearing merits review application from a decision of a delegate of a Minister not to revoke the mandatory cancellation of a visa on character grounds –whether the Tribunal fell into jurisdictional error in finding it did not have jurisdiction to make factual findings inconsistent with the applicant's convictions where there are two or more convictions – whether it was open for the applicant to seek to challenge multiple convictions and thus sentences before the Tribunal insofar as to whether they had a bearing on if there was "another reason" why the cancellation decision should be revoked, per s 501CA(4)(a)(ii) of the Migration Act 1958 (Cth) – held: the Tribunal did not fall into jurisdictional error by refusing to make factual findings inconsistent with the applicant's convictions – appeal dismissed

Legislation: Migration Act 1958 (Cth) s 501, s 501(3A), s 501CA(4), s 501(6), 501(7)

Cases cited: DQM18 v Minister for Home Affairs [2020] FCAFC 110; 278 FCR 529 HZCP v Minister for Immigration and Border Protection [2019] FCAFC 202; 273 FCR 121 R v Campbell [2019] QCA 127