Holloway v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1126

Federal Court of Australia

Holloway v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1126 Appeal from: Application for extension of time: Holloway and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] AATA 833

File number: WAD 108 of 2022

Judgment of: COLVIN J

Date of judgment: 21 September 2022

Catchwords: MIGRATION - application for extension of time and review of Tribunal decision - where Tribunal affirmed delegate's decision to not revoke the cancellation of the applicant's visa - where Tribunal required to apply Direction 90 in exercising its discretion - where Direction 90 required the Tribunal to consider the applicant's 'age and health' - whether the Tribunal fell into jurisdictional error - whether the Tribunal correctly reasoned that the applicant's historical but not current drug misuse and addiction should not be considered as part of the applicant's 'age and health' - whether the error was material - consideration of Nathanson v Minister for Home Affairs [2022] HCA 26 - application allowed

Legislation: Migration Act 1958 (Cth) ss 499, 501, 501CA

Cases cited: Bochenski v Minister for Immigration and Border Protection [2017] FCAFC 68; (2017) 250 FCR 209 FHHM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 19 GXXS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 468 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 Nathanson v Minister for Home Affairs [2022] HCA 26 PQSM v Minister for Home Affairs [2020] FCAFC 125; (2020) 279 FCR 175