Fehoko v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1471

Federal Court of Australia

Fehoko v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1471 Appeal from: Review of decision of the Administrative Appeals Tribunal dated 4 January 2022

File number: QUD 41 of 2022

Judgment of: RANGIAH J

Date of judgment: 9 December 2022

Catchwords: MIGRATION – Application for judicial review of non-revocation decision – whether the Administrative Appeals Tribunal failed to give proper, genuine and realistic consideration to the applicant's claim that removal would cause the applicant to suffer psychological harm – whether the Tribunal misapplied Ministerial Direction 90 – where Tribunal erred by overlooking consideration of whether claim affected decision – Tribunal's decision set aside

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 43 Migration Act 1958 (Cth) ss 476A(1), 499, 500(1)(ba), 501(3A), 501CA(4)

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 Dranichnikov v Minister for Immigration and Multicultural and Indigenous Affairs [2003] HCA 26; (2003) 77 ALJR 1088 FYBR v Minister for Home Affairs (2019) 272 FCR 454 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 Minister for Immigration and Border Protection v Tesic (2017) 251 FCR 23 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 Plaintiff M61/2010E v Commonwealth (2010) 243 CLR 319