Campbell-Smith v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 710

Federal Court of Australia

Campbell-Smith v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 710 Appeal from: Judicial review of Administrative Appeals Tribunal decision dated 23 January 2024

File number: QUD 1 of 2024

Judgment of: RANGIAH J

Date of judgment: 4 July 2024

Catchwords: MIGRATION – application for judicial review – whether Tribunal misunderstood or failed to comply with para 8.3(4)(a)(i) of Direction 99 and s 499(2A) – whether Tribunal's reasoning was illogical or irrational –construction of para 8.3(4)(a)(i) of Direction 99 – Tribunal not compelled to give considerable weight to the fact that a non-citizen has been ordinarily resident in Australia during and since their formative years – finding of intelligible basis for Tribunal's departure from guideline in paragraph 8.3(4)(a)(i) of Direction 99 – application dismissed

Legislation: Migration Act 1958 (Cth) ss 499, 499(1), 499(2A), 501, 501CA, and 501CA(4)

Cases cited: Aksu v Minister for Immigration and Multicultural Affairs (2001) 65 ALD 667; [2001] FCA 514 BOE21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 99 Jagroop v Minister for Immigration and Border Protection (2016) 241 FCR 461 JZQQ v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 300 FCR 370 Kumar v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2023) 412 ALR 502; [2023] FCAFC 94 Manebona v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2023) 298 FCR 516 Price v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 301 FCR 484[2023] FCAFC 171 Ruhl v Minister for Immigration and Multicultural Affairs (2001) 184 ALR 401; [2001] FCA 648 Singh v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 296 FCR 582