Lasalo v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 790

Federal Court of Australia

Lasalo v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 790 Review of: Lasalo v Minister for Immigration, Citizenship and Multicultural Affairs [2022] AATA 4018

File number: NSD 1138 of 2022

Judgment of: SHARIFF J

Date of judgment: 19 July 2024

Catchwords: MIGRATION – application for judicial review of decision of the Administrative Appeals Tribunal to affirm decision of delegate of the Minister not to revoke cancellation of the applicant's visa under 501CA(4) of the Migration Act 1958 (Cth) (Act) – whether Ministerial Direction 90 exceeded Minister's power under s 499 of the Act as limited by Ch III of the Constitution by directing or authorising punishment in contravention of principle in Lim v Minister for Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1 – whether Tribunal's decision in fact involved punishment of applicant in contravention of Lim principle – whether Tribunal asked itself the wrong question or erred in applying Direction 90 – whether Tribunal failed to meaningfully consider primary consideration as to best interests of minor children or ignored evidence relevant to that consideration – held that Direction 90 relevantly within power – no errors established – application dismissed with costs

Legislation: Constitution, Ch III, s 51(xix) Judiciary Act 1903 (Cth) ss 39B, 78B Migration Act 1958 (Cth) ss 476A, 499, 501, 501(3A), 501CA, 501CA(4) Direction No 90 — Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA