TPTN v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 788

Federal Court of Australia

TPTN v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 788 Review of: TPTN v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2022] AATA 262

File number: QUD 72 of 2022

Judgment of: LOGAN J

Date of judgment: 15 June 2022

Catchwords: MIGRATION – application in the nature of issuing writs of certiorari and mandamus to Administrative Appeals Tribunal (Tribunal) – where Tribunal determined not to revoke mandatory cancellation under s 501(3A) of the Migration Act 1958 (Cth) of applicant's special category class TY, subclass 444 visa – where applicant had resided in Australia for majority of his life – where Tribunal determined that risk to Australian community outweighed other considerations – where Tribunal decision was not unreasonable or deny the applicant natural justice – application dismissed

Legislation: Extradition Act 1988 (Cth) Migration Act 1958 (Cth) ss 499, 501, 501CA Trans-Tasman Mutual Recognition Act 1997 (Cth) Trans-Tasman Proceedings Act 2010 (Cth)

Cases cited: DQM18 v Minister for Home Affairs (2020) 278 FCR 529 Hands v Minister for Immigration and Border Protection (2018) 267 FCR 628 Minister for Home Affairs v Omar (2019) 272 FCR 589 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane (2021) 96 ALJR 13 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17