TCXM v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 451

Federal Court of Australia

TCXM v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 451 Review of: TCXM and Minister for Immigration, Citizenship, and Multicultural Affairs (Migration) [2022] AATA 2820

File number: VID 504 of 2022

Judgment of: WHEELAHAN J

Date of judgment: 3 May 2024

Catchwords: MIGRATION — application for judicial review of a decision of the Administrative Appeals Tribunal not to revoke the cancellation of the applicant's visa – where the applicant's visa was mandatorily cancelled pursuant to s 501(3A) of the Migration Act 1958 (Cth) because he did not pass the character test – where the Minister personally determined not to revoke the cancellation under s 501CA(4) – where the Minister's decision was set aside by consent – where a delegate of the Minister subsequently determined not to revoke the cancellation of the applicant's visa – where the Tribunal affirmed the delegate's non-revocation decision – where the Tribunal's decision was made within the time limit imposed by s 500(6L) – whether the Tribunal's decision was affected by jurisdictional error – whether the Tribunal's decision was legally unreasonable – whether the Tribunal failed to take account of mandatory relevant considerations – whether the Tribunal otherwise erred in law – where the applicant submitted to the Tribunal that a consequence of non-revocation was that he would spend "life" in detention – where the applicant submitted that a consequence of non-revocation was that he would be subject to unlawful detention – Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 275 CLR 582 (Plaintiff M1) applied – the Tribunal's decision was not affected by legal unreasonableness – it was open to the Tribunal to decline to speculate about the potential duration of the applicant's detention, and the Tribunal did decline so to speculate – the Tribunal did not err in failing to consider whether the applicant would be subject to unlawful detention as a consequence of non-revocation, as unlawful detention is not a legally permissible consequence of non-revocation – NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37; 97 ALJR 1005 considered – the Tribunal discharged its obligation to consider the applicant's representations as required by Plaintiff M1 – the other grounds relied upon by the applicant were not made out – no jurisdictional error established – application dismissed with costs.