Trout v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 583

Federal Court of Australia

Trout v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 583 Review of: Trout and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 1361

File number: WAD 264 of 2021

Judgment of: FEUTRILL J

Date of judgment: 6 June 2023

Catchwords: MIGRATION - extension of time to apply for judicial review under s 477A(2) of the Migration Act 1958 (Cth) - judicial review of Tribunal's decision to affirm a delegate's decision not to revoke cancellation of a visa under s 501CA of the Migration Act where Direction 79 applied at the time of the delegate's decision - where Direction 90 applied at the time of the Tribunal's decision - whether Tribunal was required to apply Direction 79 in the exercise of its review function under s 500(1)(ba) of the Migration Act - legal unreasonableness - whether Tribunal's reasons irrational, illogical, unreasonable or lacks intelligible justification - whether disproportionate weight given to a mandatory relevant consideration legally unreasonable

Legislation: Constitution ss 75(v), 77(i) Acts Interpretation Act 1901 (Cth) s 7(2)(c) Administrative Appeals Tribunal Act 1975 (Cth) ss 25, 25(1), 43, 43(1), 43(6), 43C Federal Court of Australia Act 1976 (Cth) s 37M Migration Act 1958 (Cth) ss 13, 14, 15, 189,198, 474, 476A, 476A(1)(b), 477A(1), 477A(2), 496, 496(1), 499, 499(1), 499(2A), 500, 500(1)(ba), 500(3A), 501, 501(3A), 501(6)(a), 501(7)(c), 501CA, 501CA(3), 501CA(4) Federal Court Rules 2011 rr 8.21(1)(g), 31.23