BLBY v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 128

Federal Court of Australia

BLBY v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 128 Review of: BLBY and Minister for Immigration, Citizenship and Multicultural Affairs [2022] AATA 2282

File number: WAD 160 of 2022

Judgment of: COLVIN J

Date of judgment: 24 February 2023

Catchwords: MIGRATION - application for judicial review of decision by Administrative Appeals Tribunal to affirm delegate's decision to refuse to revoke the applicant's visa cancellation pursuant to s 501CA of the Migration Act 1958 (Cth) - where applicant was previously the holder of a protection visa - where the applicant committed child sexual offences and was sentenced to more than 12 months imprisonment - where Tribunal required to apply Direction 90 - where applicant made representations in support of request to revoke cancellation - where applicant alleged procedural unfairness and failure to undertake deliberative task by reason of errors in interpretation - where applicant alleged an error due to failing to put a matter to the applicant - where applicant alleged failure to have regard to limitations of interpreted evidence - where applicant alleged failure to consider maximum sentence, grant of parole and recidivism - where applicant alleged failure to consider strong ties of marriage and failure to take it into account in weighing factors per the direction - where applicant alleged reasoning process resulted in legally unreasonable decision - consideration of Direction 90 - consideration of difference between evaluating the significance of representations and considering mandatory considerations - consideration of Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17- application to amend allowed - application for judicial review dismissed