Federal Court of Australia
Federal Court of Australia
Guttridge v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 229 Review of : Guttridge and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 2099
File number: WAD 273 of 2021
Judgment of: COLVIN J
Date of judgment: 16 March 2022
Catchwords: MIGRATION - application for judicial review of decision by the Administrative Appeals Tribunal - where Tribunal affirmed decision of delegate of Minister to refuse to revoke visa cancellation under s 501CA - where the applicant prior to incarceration was a primary carer for two of his children - where the children are diagnosed with severe autism, sensory disorders and global development delay - whether Tribunal erred by failing to give proper, genuine and realistic consideration to the best interests of the children as required by Direction 90 - whether Tribunal failed to consider a substantial and clearly articulated contention - application allowed
Legislation: Migration Act 1958 (Cth) ss 499, 501, 501CA
Cases cited: Ali v Minister for Home Affairs [2020] FCAFC 109; (2020) 278 FCR 627 Applicant S270/2019 v Minister for Immigration and Border Protection [2020] HCA 32 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; (2017) 252 FCR 352 Dranichnikov v Minister for Immigration and Multicultural and Indigenous Affairs [2003] HCA 26 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 Jan v Minister for Home Affairs [2019] FCA 1837 Minister for Home Affairs v Omar [2019] FCAFC 188; (2019) 272 FCR 589 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; (2010) 243 CLR 164 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v FAK19 [2021] FCAFC 153 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41 Nguyen v Minister for Home Affairs [2019] FCA 892 Tickner v Chapman (1995) 57 FCR 451
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