Merican v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 931

Federal Court of Australia

Merican v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 931 Review of: Merican and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2022] AATA 404

File number(s): VID 79 of 2022

Judgment of: ROFE J

Date of judgment: 9 August 2023

Catchwords: MIGRATION – decision of the Administrative Appeals Tribunal affirming decision of delegate of the Minister not to revoke mandatory cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) – whether decision of Tribunal affected by jurisdictional error – application dismissed

Legislation: Migration Act 1958 (Cth) ss 499, 501, 501CA Ministerial Direction No. 90 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA

Cases cited: Bale v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 646 BCR16 v Minister for Immigration and Border Protection (2017) 248 FCR 456 JSMJ and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 4183 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41; 395 ALR 403 Nafady v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1434 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 400 ALR 417 RZSN v Minister for Home Affairs [2019] FCA 1731 Tickner v Chapman (1995) 57 FCR 451