Pewhairangi v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1322

Federal Court of Australia

Pewhairangi v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1322 File number: NSD 650 of 2022

Judgment of: MARKOVIC J

Date of judgment: 2 November 2023

Catchwords: MIGRATION – application for judicial review of the decision of Administrative Appeals Tribunal to affirm the decision of a delegate of the Minister not to revoke the cancellation of the applicant's visa – whether the Tribunal discharged its statutory task required under s 501CA of the Migration Act 1958 (Cth) – whether the Tribunal failed to consider the applicant's health as part of its consideration of impediments to removal as required by Direction no. 90 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA – where the applicant claims that health issues were evident from material before the Tribunal – whether the applicant articulated representations as to health issues arising from drug, alcohol and/or gambling – where no claim was made as to a diagnosed medical or psychological condition – where no material before Tribunal to suggest that alleged health issues could be an impediment to removal – application dismissed

Legislation: Migration Act 1958 (Cth) s 499(2A), 501 subss (3A), (6) and 7, 501CA subs (3) and subs (4) Direction no. 79 – Migration Act 1958 – Direction under section 499 Visa refusal and cancellation under s501 and revocation of a mandatory cancellation of a visa under s501CA Direction no. 90 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA