Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v ZRTY [2022] FCA 1529

Federal Court of Australia

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v ZRTY [2022] FCA 1529 Appeal from: ZRTY and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2022] AATA 1330

File number: NSD 413 of 2022

Judgment of: KATZMANN J

Date of judgment: 16 December 2022

Catchwords: MIGRATION – application for judicial review of Tribunal decision in relation to application for merits review of decision not to revoke a mandatory cancellation decision under s 501(CA)(4) of the Migration Act 1958 (Cth) – where Tribunal recognised it was bound by Direction no. 90 but because it could not be satisfied about several relevant matters set aside delegate's decision, remitted application for review to "the Department" and commented on the possibility of a future decision-maker revoking the original decision if certain steps were taken in the meantime – where Tribunal not satisfied that non-citizen passed the character test, whether Tribunal misconstrued its powers under s 43(1)(c)(ii) of the Administrative Appeals Tribunal Act 1975 (Cth) and s 501CA(4) of Migration Act 1958 (Cth) by failing to consider whether there was "another reason" to revoke the decision – whether Tribunal erred in the exercise of its power under s 43(1)(c)(ii) on the mistaken assumption that the Minister or his Department was required to obtain additional information that might benefit non-citizen – whether any error was material

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 43(1) Migration Act 1958 (Cth) ss 476A(1)(b), 496, 499, 500, 501, 501CA

Cases: AEK20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 175 Ba v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1271 Beezley v Repatriation Commission (2015) 150 ALD 11 Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission (2000) 203 CLR 194 Commonwealth of Australia v Beale (1993) 30 ALD 68 Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60 Esber v Commonwealth of Australia (1992) 174 CLR 430 Frugtniet v Australian Securities and Investments Commission (2019) 266 CLR 250 He v Minister for Immigration and Border Protection (2017) 255 FCR 41 Jokic and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 279 Minister for Immigration and Border Protection v Maioha (2018) 267 FCR 643 Minister for Immigration and Multicultural Affairs v Perth City Mission [2000] FCA 397 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Jokic [2020] FCA 1434 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v FAK19 (2021) 287 FCR 18 Nathanson v Minister for Home Affairs [2022] HCA 26; 403 ALR 398 Paerau v Minister for Immigration and Border Protection (2014) 219 FCR 504 Pennie v Minister for Home Affairs [2019] FCAFC 129 Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 Re SLE Medical Pty Ltd and Industry Research and Development Board (1988) 19 ALD 215; 10 AAR 13 Shi v Migration Agents Registration Authority (2008) 235 CLR 286