Federal Court of Australia
Federal Court of Australia
Seau v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 176 Review of: Pritchard Junior Seau v Minister for Immigration, Citizenship and Multicultural Affairs [2022] AATA 3430
File number(s): NSD 935 of 2022
Judgment of: RARES J
Date of judgment: 13 February 2023
Catchwords: MIGRATION – application for constitutional writ relief in respect of decision of the Administrative Appeals Tribunal under s 501CA(4) of the Migration Act 1958 (Cth) to affirm decision of delegate not to revoke cancellation of visa under s 501(3A) – whether Tribunal took into account in considering best interests of a minor child in Australia, without expressly mentioning them in its reasons, either psychologist's report on effect on minor child that separation from applicant might have, or child's known views, as required by pars 8.3(4)(d) and (f) of Direction 90 made under s 499 of the Migration Act – whether Tribunal's failure to take those factors into account material jurisdictional error – held: Tribunal decision set aside.
Legislation: Administrative Appeals Tribunal 1975 (Cth) s 43 Migration Act 1958 (Cth) ss 430, 499, 500, 501, 501CA
Cases cited: Cowgill v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1337 East Australian Pipeline Pty Ltd v Australian Competition and Consumer Commission (2007) 233 CLR 229 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Nathanson v Minister for Home Affairs (2022) 403 ALR 398 Plaintiff M1/2021 v Minister for Home Affairs (2022) 400 ALR 417 R v Hunt; Ex Parte Sean Investment Pty Ltd (1979) 180 CLR 322 Telstra Corporation Ltd v Australian Competition and Consumer Commission (2008) 176 FCR 153 Telstra Corporation Ltd v Australian Competition Tribunal (2009) 175 FCR 201
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