LJTZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1209

Federal Court of Australia

LJTZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1209 File number: SAD 138 of 2021

Judgment of: CHARLESWORTH J

Date of judgment: 12 October 2022

Catchwords: MIGRATION – judicial review of decision of the Minister to cancel the applicant's visa in the exercise of the power conferred under s 501BA(2) of the Migration Act 1958 (Cth) including on the grounds that cancellation was in the national interest – nature and scope of the Minister's fact finding task in determining what the national interest required – temporal considerations affecting the statutory task – implied conditions on the fact finding aspects of the task once the Minister identifies relevant considerations – Minister falsely stating that he had had regard to evidentiary material – Minister relying on dated material, treated in the reasoning process as if it were up to date – failure by Minister to have regard to material in his constructive possession contradicting of his findings – extent of permissible reasoning on the basis of dated evidence where the Minister has not afforded natural justice – Minister's reasons containing nonsensical paragraphs as a consequence of duplication of reasons given at an earlier time – constructive failure to exercise jurisdiction – application allowed

Legislation: Migration Act 1958 (Cth) ss 65, 474, 476A, 501, 501AB, 501BA, 501CA, 502BA

Cases cited: Abebe v Commonwealth (1999) 197 CLR 510 Bankstown Municipal Corporation v Fripp (1919) 26 CLR 385 Boucaut Bay Co Ltd v Commonwealth (1927) 40 CLR 98 Buck v Bavone (1976) 135 CLR 110 Chetcuti v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1758 Commissioner of Taxation (Cth) v Brian Hatch Timber Co (Sales) Pty Ltd (1972) 128 CLR 28 Craig v South Australia (1995) 184 CLR 163 DHS17 v Assistant Minister for Immigration and Border Protection (2018) 267 FCR 411 Gbojueh v Minister for Immigration and Border Protection (2012) 202 FCR 417 Hands v Minister for Immigration and Border Protection (2018) 267 FCR 628 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Kruger v Commonwealth (1997) 190 CLR 1 Madafferi v Minister for Immigration and Multicultural Affairs (2002) 118 FCR 326 Maurangi v Bowen (2012) 200 FCR 191 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZLSP (2010) 187 FCR 362 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Minister for Immigration and Multicultural and Indigenous Affairs v Huynh (2004) 139 FCR 505 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v LJTZ [2021] FCA 92 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v ERY19 (2021) 284 FCR 540 MZZZW v Minister for Immigration and Border Protection (2015) 234 FCR 154 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 400 ALR 417 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 R v Connell; Ex parte Hetton Bellbird Collieries Ltd (1944) 69 CLR 407 Re Patterson; Ex parte Taylor (2001) 207 CLR 391 Tewao v Minister for Immigration and Citizenship (2011) 125 ALD 57