Lucas v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1653

Federal Court of Australia

Lucas v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1653 Review of: Lucas and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2022] AATA 3151

File number(s): NSD 871 of 2022

Judgment of: MEAGHER J

Date of judgment: 21 December 2023

Catchwords: MIGRATION – 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 the Tribunal's decision was illogical or irrational – Where Tribunal rejected the applicant's evidence in its entirety – Whether the applicant was denied procedural fairness – Where Tribunal found that the applicant appeared to have deliberately misled the Court – Whether Tribunal took into account an irrelevant consideration – Where Tribunal considered the applicant's criminal history as a juvenile – Whether the Tribunal acted on a misunderstanding of the law by viewing its task as discretionary in nature – Application allowed

Legislation: Crimes Act 1914 (Cth) ss 85ZR(2), 85ZR(2)(b), 85ZV(3) Migration Act 1958 (Cth) ss 476A(1)(b), 501(1), 501(3A), 501(7)(c), 501CA(4) Crimes Act 1900 (NSW) s 327 Criminal Code 1899 (Qld) s 124 Penalties and Sentences Act 1992 (Qld) s 12 Youth Justice Act 1992 (Qld)

Cases cited: Applicant S270/2019 v Minister for Immigration and Border Protection (2020) 383 ALR 194 Au v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 295 FCR 315 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2 Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1368 EPU17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 49 Fulton v Chief of Defence Force (2023) 411 ALR 528 Hartwig v PE Hack [2007] FCA 1039 JSMJ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1466 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2023) 297 FCR 1 Lucas and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2022] AATA 3151 Minister for Home Affairs v Buadromo (2018) 267 FCR 320 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Thornton (2023) 409 ALR 234 Nathanson v Minister for Home Affairs (2022) 403 ALR 398 Plaintiff M1/2021 v Minister for Home Affairs (2022) 178 ALD 304 Promsopa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1480 R v Briese, ex parte Attorney-General (1997) 92 A Crim R 75 R v Cay, Gersch and Schell; ex parte A-G (Qld) (2005) 158 A Crim R 488 R v Graham [2023] QCA 125 R v ZB [2021] QCA 9 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 Thornton v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 288 FCR 10 Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 403 ALR 604