Federal Court of Australia
Federal Court of Australia
LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 810 Review of: Application for review of a migration decision by the Administrative Appeals Tribunal made on 7 July 2021
File number: VID 450 of 2021
Judgment of: SNADEN J
Date of judgment: 14 July 2022
Catchwords: MIGRATION – cancellation of visa on character grounds – application for revocation of cancellation – review by Administrative Appeals Tribunal of decision not to revoke cancellation – compliance with Ministerial Direction concerning revocation – whether Tribunal erred in misconstruing the applicable law – relevance and severity of applicant's criminal history – whether the Tribunal's decision was legally unreasonable, irrational or illogical – whether applicant aware or on notice of impact of re-offending on immigration status – whether Tribunal's finding that he was was open on the evidence before it – application dismissed
Legislation: Migration Act 1958 (Cth) ss 476A, 499, 501, 501CA Direction No. 90 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA (8 March 2021) ss 8.1, 8.1.1
Cases cited: BHD18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 280 FCR 26 BOE21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1429 BSE17 v Minister for Home Affairs [2018] FCA 1926 CRU18 v Minister for Home Affairs (2020) 277 FCR 493 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 MZAPC v Minister for Immigration and Border Protection (2021) 95 ALJR 441 Nguyen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 985 Re Minister for Immigration and Multicultural Affairs; ex parte Cohen (2001) 75 ALJR 542
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