MKBL v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1537

Federal Court of Australia

MKBL v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1537 Review of: Application for extension of time: MKBL and Minister for Immigration, Citizenship and Multicultural Affairs [2023] AATA 279

File number: WAD 111 of 2023

Judgment of: COLVIN J

Date of judgment: 8 December 2023

Catchwords: MIGRATION - application for extension of time for judicial review of decision of the Administrative Appeals Tribunal affirming the decision of the Minister's delegate to not revoke the cancellation of applicant's visa - where applicant alleges jurisdictional error as Tribunal misunderstood requirements of Direction of which it was required to comply - where applicant contends Tribunal misunderstood Direction as authorising Tribunal to place weight on the expectations of the community regardless of the applicant's future risk of harm - where at relevant paragraph Tribunal omitted word 'physical' but otherwise used language of Direction - where approach contended for by applicant did not consider surrounding context of reasons - where Tribunal had already assessed the applicant's risk of re-offending and the consequent non-physical harm - where primary considerations of Direction allow different conclusions as to weight to be given - application for extension of time granted - application for judicial review dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 37AG Migration Act 1958 (Cth) ss 91X, 477A, 499, 501CA

Cases cited: ECE21 v Minister for Home Affairs [2021] FCA 1447 Hunter Valley Developments Pty Ltd v Cohen, Minister for Home Affairs and Environment (1984) 3 FCR 344 Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] HCA 28