Ibrahim v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 450

Federal Court of Australia

Ibrahim v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 450 Review of Application for judicial review of the Administrative Appeals Tribunal decision delivered on 12 October 2021 File number(s): QUD 356 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 decision – whether drug use and/or dependency, considered relevant to the risk of recidivism, ought to have been considered as an independent, albeit unarticulated, claim that 'clearly emerged' – whether a mandatory relevant consideration pursuant to s 9(1)(b) of Direction 90.

Legislation: Migration Act 1958 (Cth) ss 36, 499, 501(3A), 501(6)(a), 501(7)(c), 501CA, 501CA(3)

Cases cited: Ali v Minister for Home Affairs [2020] FCAFC 109; 278 FCR 627 AWT15 v Minister for Immigration and Border Protection [2017] FCA 512 AYY17 v Minister for Immigration and Border Protection [2018] FCAFC 89; 261 FCR 503 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; 268 CLR 29 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 73 ALD 321 El Khoueiry v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 247 Goundar v Minister for Immigration and Border Protection [2016] FCA 1203 Haritos v Commissioner of Taxation [2015] FCAFC 92; 233 FCR 315 Hong v Minister for Immigration and Border Protection [2019] FCAFC 55; 269 FCR 47 Hong v Minister for Immigration and Border Protection [2019] HCATrans 230 Jones v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 285 LRMM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1039 Minister for Home Affairs v Buadromo [2018] FCAFC 151; 267 FCR 320 Minister for Home Affairs v HSKJ [2018] FCAFC 217; 266 FCR 591 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 390 ALR 590 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 Raibevu v Minister for Home Affairs [2020] FCAFC 35