Healey v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 449

Federal Court of Australia

Healey v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 449 Review of: Application for judicial review of the Administrative Appeals Tribunal decision delivered on 19 November 2021

File number: QUD 412 of 2021

Judgment of: SC DERRINGTON J

Date of judgment: 29 April 2022

Catchwords: MIGRATION – application to review decision of Administrative Appeals Tribunal affirming decision of Minister's delegate not to revoke mandatory cancellation of a visa under s 501CA – whether Tribunal denied applicant procedural fairness by failing to respond to a clearly articulated claim relevant to his risk of recidivism, being the salutary effect of his visa cancellation – whether Tribunal failed to apply Direction 90 by incorrectly interpreting paras 9.4.2 and 5.2.4 as they applied to the length of time the applicant had lived in Australia – whether Tribunal failed to apply Direction 90 in not properly considering the best interests of minor children

Legislation: Migration Act 1958 (Cth) ss 476A, 499(1), 501(1) 501(3A), 501(6)(a), 501(7)(c)501CA(4)

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; 236 FCR 593 Matthews v Minister for Home Affairs [2020] FCAFC 146 Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; 243 CLR 164 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 390 ALR 590 Pallas v Minister for Home Affairs [2019] FCAFC 149 QHRY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 827