Buntin v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1055

Federal Court of Australia

Buntin v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1055 File number(s): QUD 313 of 2022

Judgment of: MEAGHER J

Date of judgment: 7 September 2023

Catchwords: MIGRATION LAW – Application for judicial review of a decision of the Administrative Appeals Tribunal ("Tribunal") – Where applicant failed the character test – Whether there is another reason why the visa cancellation should be revoked – Whether Tribunal failed to understand and evaluate representations regarding the applicant's physical and mental health – Whether Tribunal failed to evaluate representations regarding the applicant's ability to secure employment – Whether Tribunal denied procedural fairness in its determination that the best interests of minor children weighed heavily against revocation of the applicant's visa – Whether Tribunal denied procedural fairness in determining that lies told to the Tribunal constitute "other serious conduct" – Whether Tribunal misapplied or misinterpreted paragraph 8.1.1(1)(b)(ii) of Direction 90 – Whether Tribunal had regard to an irrelevant consideration – Application allowed

Legislation: Migration Act 1958 (Cth) ss 499(1), 501(3A), 501(7)(c), 501CA(4)

Cases cited: AXT19 v Minister for Home Affairs [2020] FCAFC 32 BVD17 v Minister for Immigration and Border Protection (2019) 268 CLR 29; [2019] HCA 34 Chamoun v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 276 FCR 75; [2020] FCAFC 66 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576; [1994] FCA 1074 Degning v Minister for Home Affairs (2019) 270 FCR 451; [2019] FCAFC 67 GXXS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 468 Hernandez v Minister for Home Affairs [2020] FCA 415 Huang v Minister for Immigration and Multicultural Affairs [2001] FCA 901 Khodr v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 198 Kymm v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1069 Mamatta v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 637 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40 Minister for Immigration and Border Protection v CPA16 (2019) 268 FCR 379; [2019] FCAFC 40 MZAPC v Minister for Immigration and Border Protection (2021) 273 CLR 506; [2021] HCA 17 Nathanson v Minister for Home Affairs (2022) 403 ALR 398; [2022] HCA 26 Nguyen v Minister for Home Affairs [2020] FCA 127 Plaintiff M1/2021 v Minister for Home Affairs (2022) 400 ALR 417; [2022] HCA 17 RZMW v Minister for Home Affairs [2019] FCA 1761 Somaghi v Minister for Immigration Local Government and Ethnic Affairs (1991) 31 FCR 100 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152; [2006] HCA 63