CJO23 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1228

Federal Court of Australia

CJO23 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1228 Review of: [CJO23] and Minister for Immigration, Citizenship and Multicultural Affairs (Migration) [2023] AATA 3024

File number: WAD 241 of 2023

Judgment of: FEUTRILL J

Date of judgment: 23 October 2024

Catchwords: MIGRATION – application for judicial review of decision of the Administrative Appeals Tribunal to affirm delegate's decision to not revoke mandatory cancellation of visa under s 501CA(4) – failure to comply with para 8.3 of Direction No. 99 - consideration of strength, duration and nature of ties to Australia - failure to give considerable weight to the fact that applicant has been ordinarily resident in Australia during and since his formative years regardless of when his offending commenced and the level of that offending - meaning of 'formative years' – consideration of unreasonableness, illogicality and irrationality of findings

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 43(2), 43(2B) Migration Act 1958 (Cth) ss 198, 496, 499, 499(1), 499(2A), 500(1)(ba), 501(3A), 501(5), 501(6)(a), 501(7)(c), 501CA, 501CA(3), 501CA(4), 501CA(4)((b)(ii),

Cases cited: Aghbolagh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 43 BSJ16 v Minister for Immigration and Border Protection [2016] FCA 1181 Doves v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1281 EUF20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 130; 298 FCR 492 FHHM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 19 Hambledon v Minister for Immigration and Border Protection [2018] FCA 7 Jabari v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 98; 298 FCR 431 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32; 241 CLR 390 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 64; 297 FCR 1 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 Manebona v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 116; 298 FCR 516 Minister for Immigration and Border Protection v MZZMX [2020] FCAFC 175; 280 FCR 1 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 264 CLR 541 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41; 274 CLR 398 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 Nafeh v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 199 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 275 CLR 582 Price v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 171; 301 FCR 484 QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 166 Uelese v Minister for Immigration and Border Protection [2015] HCA 15; 256 CLR 203