Prasad v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 791

Federal Court of Australia

Prasad v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 791 Review of: Prasad v Minister for Immigration, Citizenship and Multicultural Affairs [2023] AATA 3438

File number: NSD 1335 of 2023

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) – whether Tribunal acted on a misunderstanding of law by failing to take into account applicant's personal circumstances when attributing weight to primary consideration of expectations of the Australian community – whether Tribunal denied applicant procedural fairness by failing to consider argument relying on CKL21 v Minister for Home Affairs [2022] FCAFC 70; (2022) 293 FCR 634 – whether Tribunal denied applicant procedural fairness by failing to advise or inform applicant and witnesses of proposed adverse credibility findings – whether Tribunal failed to give proper, genuine and realistic consideration to representations made by applicant regarding rehabilitation and risk of reoffending – whether Tribunal ignored, overlooked or misunderstood evidence adduced by witness – no errors established – application dismissed with costs

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Migration Act 1958 (Cth) ss 499(2A), 500(1)(ba), 500(6H), 500(6J), 500(6L)(c), 501(3A), 501(6), 501CA, 501CA(4), 501CA(4)(b)(ii) Direction No 79 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA Direction No 90 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA Direction No 99 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA