BPBR v Minister for Immigration and Multicultural Affairs [2024] FCA 1289

BPBR v Minister for Immigration and Multicultural Affairs [2024] FCA 1289 Review of: BPBR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] AATA 1002

File number(s):

Judgment of: RAPER J

Date of judgment: 8 November 2024

Catchwords: MIGRATION LAW – application for judicial review of the Administrative Appeal Tribunal to affirm a decision of the Minister's delegate to cancel the applicant's Class BB Subclass 155 Five Year Resident Return (Permanent) visa on the basis that was reasonably suspected that she did not pass the character test – whether the Tribunal denied the applicant procedural fairness by not putting to the applicant or her representative that the Tribunal might find that there was a real chance she may reoffend – whether the Tribunal erred in failing to consider the consequences for the applicant and her unborn child in the event of the cancellation of her visa – whether the Tribunal erred in determining that there were no minor children's interests requiring consideration – Application dismissed

Federal Court of Australia Act 1976 (Cth) ss 37AA, 37AE, 37AG(1)(a), 37AG(1)(c) Legislation: Migration Act 1958 (Cth) ss 189, 499, 501, 501(2), 501(6), 501(6)(a), 501(7) Direction No 99: Visa Refusal and Cancellation under Section 501 and Revocation of a Mandatory Cancellation of a Visa under Section 501CA

BNGP v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 111; 298 FCR 609 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Cotterill v Minister for Immigration and Border Protection [2016] FCAFC 61; 240 FCR 29 DSLB v Comcare [2023] FCA 1222 DYY18 v Minister for Home Affairs [2019] FCA 1901 Ezegbe v Minister for Immigration and Border Protection [2019] FCA 216; 164 ALD 139 Hogan v Australian Crime Commission [2010] HCA 21; 240 CLR 651 Cases cited: Hong v Minister for Immigration and Border Protection [2019]; FCAFC 55; 269 FCR 47 JNMK v Minister for Home Affairs [2019] FCA 1758; 168 ALD 206 Kalm v Administrative Appeals Tribunal [2013] FCA 890; 215 FCR 221 Minister for Immigration and Border Protection v SZTQS [2015] FCA 1069; 148 ALD 507 Minister for Immigration and Border Protection v WZARH [2015] HCA 40; 256 CLR 326 Smith v Minister for Home Affairs [2019] FCA 45 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs and Anor [2006] HCA 63; 228 CLR 152 SZRLY v Minister for Immigration and Citizenship [2012] FCA 1459