Federal Court of Australia
Federal Court of Australia
QDWQ v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 178 Appeal from: QDWQ and Minister for Immigration, Citizenship, and Multicultural Affairs (Migration) [2023] AATA 2012
File number: NSD 939 of 2023
Judgment of: KATZMANN J
Date of judgment: 5 March 2024
Catchwords: MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal to affirm decision of Minister's delegate not to issue visa pursuant to s 501(1) of Migration Act 1958 (Cth) – where applicant failed character test on account of substantial criminal record – where Tribunal bound to apply Ministerial Direction no. 99 in determining whether to grant visa – whether Tribunal fell into jurisdictional error by failing to consider applicant's personal circumstances when assessing weight attributed to expectations of Australian community pursuant to para 8.5 of Direction
Legislation: Migration Act 1958 (Cth) ss 476A(2), 496, 499, 500(1)(b), 501(1)
Cases cited: Ali v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 559 FYBR v Minister for Home Affairs (2019) 272 FCR 454 Ismail v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 2 JZQQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 168 Kelly v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 396 NWQR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1077 NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37; 97 ALJR 1005 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476
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