QHRY v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 33

Federal Court of Australia

QHRY v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 33 Review of: QHRY and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2022] AATA 93

File number: QUD 69 of 2022

Judgment of: THOMAS J

Date of judgment: 29 January 2024

Catchwords: MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal to affirm decision of delegate to not grant the applicant a visa pursuant to s 501(1) of the Migration Act 1958 (Cth) – whether Tribunal failed to consider best interests of minor children to the extent their interests differed pursuant to para 8.3 of Direction 90 – whether Tribunal repetitiously and so impermissibly weighed family violence under Direction 90 – whether Direction 90 permits weight to be given to family violence for reasons unconnected to protection or expectations of Australian community – application dismissed PRACTICE AND PROCEDURE – application for leave to amend the originating application to add or substitute a new claim for relief arising out of the same or similar facts – leave granted

Legislation: Fisheries Act 1992 (Cth) Migration Act 1958 (Cth) Federal Court Rules 2011 (Cth) Public Health and Wellbeing Act 2008 (Vic)

Cases cited: Afamiliona v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1100 Aksu v Minister for Immigration and Multicultural Affairs (2001) 65 ALD 667; [2001] FCA 514 Alexander v Minister for Home Affairs (2022) 401 ALR 438; [2022] HCA 19 Assistant Minister for Immigration and Border Protection v Splendido (2019) 271 FCR 595; [2019] FCAFC 132 Australian Securities and Investments Commission v Cassimatis (No 6) (2016) 113 ACSR 466; [2016] FCA 622 CGA15 v Minister for Home Affairs (2019) 268 FCR 362; [2019] FCAFC 46 Chamoun v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 276 FCR 75; [2020] FCAFC 66 Cotterill v Romanes (2021) 68 VR 433; [2021] VSC 498 CVN17 v Minister for Immigration and Border Protection (2019) 163 ALD 101; [2019] FCA 101 Demir v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 870 Djalic v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 139 FCR 292; [2004] FCAFC 151 DVDP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 567 FHHM v Minister for Immigration. Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 19 Folau v Minister for Immigration and Border Protection (2017) 256 FCR 455; [2017] FCAFC 214 Guttridge v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 229 Jagara v Minister for Immigration and Border Protection [2018] FCA 538 Jagroop v Minister for Immigration and Border Protection (2016) 241 FCA 461; [2016] FCAFC 48 Jama v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 148 JKPM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 171 ALD 277; [2020] FCA 1293 JZQQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 168 Kumar v Minister for Immigration and Border Protection (2020) 274 FCR 646; [2020] FCAFC 16 KXXH v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1229 Martinez v Minister for Immigration and Citizenship (2009) 177 FCR 337; [2009] FCA 528 Matthews v Minister for Home Affairs [2020] FCAFC 146 Minister for Immigration and Border Protection v CPA16 (2019) 268 FCR 379; [2019] FCAFC 40 Minister for Immigration and Border Protection v Lesianawai (2014) 227 FCR 562; [2014] FCAFC 141 Minister for Immigration and Border Protection v Sabharwal [2018] FCAFC 160 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1; [2016] FCAFC 11 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Citizenship v Makasa [2012] FCAFC 166 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611; [2010] HCA 16 Minister for Primary Industries and Energy v Austral Fisheries Pty Ltd (1993) 40 FCR 381 MZAPC v Minister for Immigration and Border Protection (2017) 273 CLR 506; [2021] HCA 17 Nathanson v Minister for Home Affairs (2022) 403 ALR 398; [2022] HCA 26 NBMZ v Minister for Immigration and Border Protection (2014) 220 FCR 1; [2014] FCAFC 38 Nguyen v Minister for Home Affairs (2020) 170 ALD 38; [2020] FCA 127 Paerau v Minister for Immigration and Border Protection (2014) 219 FCR 504; [2014] FCAFC 28 PQSM v Minister for Home Affairs (2020) 279 FCR 175; [2020] FCAFC 125 QHRY and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2022] AATA 93 QHRY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 82 Tanielu v Minister for Immigration and Border Protection (2014) 225 FCR 424; [2014] FCA 673 Tohi v Minister for Immigration. Citizenship, Migrant Services and Multicultural Affairs (2021) 285 FCR 187; [2021] FCAFC 125 Torrefranca v The Queen [2021] VSCA 157 Tran v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 75 Uelese v Minister for Immigration and Border Protection (2015) 256 CLR 203; [2015] HCA 15 Uelese v Minister for Immigration and Border Protection (2016) 248 FCR 296; [2016] FCA 348 Wakim v The Queen [2016] VSCA 301 Williams v Minister for Immigration and Border Protection (2014) 226 FCR 112; [2014] FCA 674 XSLJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1138 XXBN v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 74