Dayadaya v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1284

Federal Court of Australia Dayadaya v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1284 Review of: Dayadaya and Minister for Immigration, Citizenship and Multicultural Affairs (Migration) [2023] AATA 2456

File number(s):

Judgment of: MEAGHER J

Date of judgment: 7 November 2024

Catchwords: MIGRATION – Application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) – Where Tribunal affirmed the decision of a delegate of the Minister to cancel the applicant's visa pursuant to s 501(2) of the Migration Act 1958 (Cth) – Where the Tribunal made adverse credibility finding – Whether the Tribunal's consideration of the applicant's credibility was irrational or legally unreasonable – Whether the Tribunal denied the applicant procedural fairness as to its findings concerning the applicant's credibility and risk of reoffending – Application dismissed

Legislation: Migration Act 1958 (Cth) ss 476A, 499(1), 499(2A), 501, 501(2), 501(6)(a), 501(7)(c), 501CA)

APS Group (Industrial) Pty Ltd v Carroll [2017] VSC 452 AUP21 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 442 BFC15 v Minister for Immigration and Border Protection [2016] FCA 735 CCU21 v Minister for Home Affairs (2023) 297 FCR 503 CKL21 v Minister for Home Affairs (2022) 293 FCR 634 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 CQG15 v Minister for Immigration and Border Protection (2016) 253 FCR 496 DAO16 v Minister for Immigration and Border Protection (2018) 258 FCR 175 DCP16 v Minister for Immigration and Border Protection [2019] FCAFC 91 Degning v Minister for Home Affairs (2019) 270 FCR 451 EAN19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1231 EXT20 v Minister for Home Affairs (2022) 291 FCR 55 F Hoffmann-La Roche & Co AG v Secretary of State for Trade and Industry [1975] AC 295 Green v Minister for Immigration and Citizenship (2008) 100 ALD 346 Cases cited: Habib v Director-General of Security (2009) 175 FCR 411 Hempenstall v Minister for Home Affairs [2020] FCAFC 216 Leone v Minister for Home Affairs and Another [2020] FCAFC 117 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 Minister for Immigration & Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Border Protection v SZUXN [2016] FCA 516 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594 Minister for Immigration and Citizenship v SZIAI (2009) 111 ALD 15 MZAPC v Minister for Immigration and Border Protection (2021) 273 CLR 506 Nathanson v Minister for Home Affairs (2022) 276 CLR 80 Sullivan v Civil Aviation Safety Authority (2014) 226 FCR 555 SZALG v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1987 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZRAE v Minister for Immigration and Citizenship [2012] FCA 916 Tsvetnenko v United States of America (2019) 269 FCR 225 WABY v Refugee Review Tribunal [2005] FCA 209