LRMM v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1571

Federal Court of Australia

LRMM v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1571 Appeal from: Review of the decision of the Administrative Appeals Tribunal dated 19 August 2022

File number: QUD 334 of 2022

Judgment of: SARAH C DERRINGTON J

Date of judgment: 23 December 2022

Catchwords: MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal affirming decision of delegate of the Minister not to revoke cancellation of refugee visa on character grounds – whether Tribunal erred by taking into account applicant's offending as a child where no convictions recorded when considering para 8.1.1 of Direction 90 – whether Tribunal failed to take into account representations as to protective effect of suspended sentence and probation order – whether Tribunal failed to consider representations as to harm when considering extent of impediments if removed

Legislation: Crimes Act 1914 (Cth) s 85ZR(2) Migration Act 1958 (Cth) ss 501CA(4) Youth Justice Act 1992 (Qld) ss 148, 184

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; 236 FCR 593 DNQ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 72; 275 FCR 517 Lafu v Minister for Immigration and Citizenship Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; 241 CLR 594 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 390 ALR 590 Nathanson v Minister for Home Affairs [2022] HCA 26; 96 ALJR 737 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 96 ALJR 497 SZTMD v Minister for Immigration and Border Protection [2015] FCA 150; 150 ALD 34 Thornton v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 23; 288 FCR 10