RGCZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 348

Federal Court of Australia

RGCZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 348 Review of: RGCZ and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 3051

File number(s): VID 542 of 2021

Judgment of: ANDERSON J

Date of judgment: 6 April 2022

Catchwords: MIGRATION – application to review decision of Administrative Appeals Tribunal – whether the Tribunal failed to appreciate the different interests of each of the Applicant's children and failed to comply with Direction 90, and thus failed to comply with s 499(2) of the Act – Application dismissed

Legislation: Migration Act 1958 (Cth)

Division: General Division

Registry: Victoria

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 37

Date of hearing: 4 April 2022

Counsel for the Applicant: Mr A Aleksov

Solicitor for the Applicant: Clothier Anderson Immigration Lawyers

Counsel for the Respondent: Mr J Barrington

Solicitor for the Respondent: Australian Government Solicitor

ORDERS VID 542 of 2021

BETWEEN: RGCZ Applicant

AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS Respondent

order made by: ANDERSON J DATE OF ORDER: 6 April 2022

THE COURT ORDERS THAT:

1. The application will be dismissed. 2. The Applicant will pay the Respondent's costs on a lump sum basis to be agreed, or as determined by a Registrar of the Court. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

ANDERSON J:

introduction 1 By application filed 22 September 2021, the Applicant seeks judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) made on 26 August 2021 to affirm a decision of a delegate (delegate) of the First Respondent (Minister) to refuse to grant the Applicant a Partner (Provisional) (Class UF) visa (Visa) under s 501(1) of the Migration Act 1958 (Cth) (Act).