Federal Court of Australia
Federal Court of Australia
Muller v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 924 Review of: Muller and Minister for Immigration, Citizenship and Multicultural Affairs (Migration) [2024] AATA 224 (20 February 2024)
File number: VID 254 of 2024
Judgment of: ROFE J
Date of judgment: 16 August 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 the Tribunal impermissibly considered irrelevant considerations – whether the costs to taxpayers and burden on community and public resources are irrelevant considerations – whether the applicant was denied procedural fairness for not being put on notice as to these considerations – whether the Tribunal misunderstood and/or misapplied para 8.1.2(2)(a) of Ministerial Direction No. 99 – whether the Tribunal applied its own expectations instead of the expectations of the community under para 8.5(4) of Direction 99 – whether the Tribunal impermissibly engaged in "double counting" – whether the Tribunal's decision was for a punitive purpose – whether the Tribunal's error was material – application allowed.
Legislation: Migration Act 1958 (Cth) Federal Court Rules 2011 (Cth) Migration Regulations 1994 (Cth)
Cases cited: Ayoub v Minister for Immigration and Border Protection (2015) 231 FCR 513 BCR16 v Minister for Immigration and Border Protection [2016] FCA 965 BRK15 v Minister for Immigration and Border Protection [2016] FCA 1570 Buntin v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1055 Candemir v Minister for Home Affairs [2018] FCA 1360 Creamer v Minister for Immigration and Border Protection [2018] FCA 269 Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1368 DPP v Muller [2022] VCC 513 FYBR v Minister for Home Affairs (2019) 272 FCR 454 Hicks v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 757 Hoang v Minister for Home Affairs [2019] FCA 956 Ismail v Minister for Immigration, Citizenship and Multicultural Affairs (2024) 98 ALJR 196 Jama v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 299 FCR 410 James v Minister for Immigration and Border Protection [2017] FCA 410 Kelly v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 396 Korat v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 59 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2024) 98 ALJR 610 Minister for Aboriginal Affairs v Peko-Wallsend (1986) 162 CLR 24 Minister for Home Affairs v Stowers [2020] FCA 407 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration, Citizenship and Multicultural Affairs v HSRN (2023) 297 FCR 662 Muller v R [2022] VSCA 193 Plaintiff M1/2021 v Minister for Home Affairs (2022) 275 CLR 582 Prasad v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 791 RNSQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1111 Tupai v Minister for Home Affairs [2018] FCA 986 Woodridge v Minister for Land and Water Conservation (NSW) (2002) 122 FCR 190
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