Federal Court of Australia
Federal Court of Australia
Cowgill v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1337 Review of: Administrative Appeals Tribunal decision dated 7 July 2021
File number: WAD 181 of 2021
Judgment of: RANGIAH J
Date of judgment: 11 November 2022
Catchwords: MIGRATION – Application for review of decision of Administrative Appeals Tribunal affirming delegate's decision not to revoke cancellation of applicant's visa – Tribunal failed to consider relevant known views of minor child – Tribunal failed to comply with Ministerial Direction 90 – Tribunal's decision set aside
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 43(1), 43(2) and 43(2B) Migration Act 1958 (Cth) ss 34, 34(2), 476A(1), 499(1), 499(2A), 500(1)(ba), 501(2), 501(6), 501CA(4)(b)(ii), and 501(3A)
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 DQU16 v Minister for Home Affairs [2021] HCA 10; (2021) 95 ALJR 352 Falzon v Minister for Immigration and Border Protection (2018) 262 CLR 333 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 Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Border Protection v Makasa (2021) 270 CLR 430 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister of State for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 27 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; (2021) 95 ALJR 441 Nathanson v Minister for Home Affairs [2022] HCA 26; (2022) 96 ALJR 737 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 96 ALJR 497 Ratu v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 286 FCR 89 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 214 CLR 1 XJLR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 289 FCR 256
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