GKYW v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1543

Federal Court of Australia

GKYW v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1543 Review of: Application for judicial review of GKYW and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2022] AATA 4119

File number: VID 785 of 2022

Judgment of: MOSHINSKY J

Date of judgment: 7 December 2023

Catchwords: MIGRATION – character case – where applicant's visa was subject to mandatory cancellation – where a delegate decided not to revoke the cancellation decision – where the Tribunal affirmed the decision of the delegate – where the applicant contended that the Tribunal fell into jurisdictional error by taking into account findings of guilt in relation to juvenile charges in respect of which no conviction was recorded – where the Minister conceded that the Tribunal had erred – whether the Tribunal's error was material – held: application allowed

Legislation: Crimes Act 1914 (Cth), ss 85ZM, 85ZR, 85ZS Migration Act 1958 (Cth), ss 501, 501CA Youth Justice Act 1992 (Qld), s 184

Cases cited: Au v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 125; 295 FCR 315 Hartwig v Hack [2007] FCA 1039 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 273 CLR 506 Nathanson v Minister for Home Affairs [2022] HCA 26; 403 ALR 398 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 400 ALR 417 Thornton v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 23; 288 FCR 10 Thornton v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 17; 409 ALR 234