Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Arachchi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1311 Review of: Administrative Appeals Tribunal decision dated 2 September 2021
File number: QUD 334 of 2021
Judgment of: RANGIAH J
Date of judgment: 4 November 2022
Catchwords: MIGRATION – Application for review of decision of Administrative Appeals Tribunal affirming delegate's decision not to revoke the applicant's visa – whether Tribunal failed to consider applicant's claim that minor children would be deprived of financial support – whether Tribunal misconstrued Direction 90 as excluding consideration of the limitations on applicant's ability to practice religion – whether the Tribunal misconstrued Direction 90 as only applying to impacts upon a major project or important service – Tribunal failed to comply with Direction 90 – Tribunal's decision set aside
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 43 Migration Act 1958 (Cth) ss 476A(1), 499(2A), 500(1)(ba), 501(3A) and 501CA(4)
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 Bale v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 646 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 77 ALJR 1088 He v Minister for Immigration and Border Protection (2017) 255 FCR 41 KXXH v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 111 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; (2021) 390 ALR 590 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 Nathanson v Minister for Home Affairs [2022] HCA 26; (2022) 403 ALR 398 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 400 ALR 417 Plaintiff M61/2010E v Commonwealth (2010) 243 CLR 319 Singh v Minister for Home Affairs [2019] FCA 905 Tickner v Chapman (1995) 57 FCR 451
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