Tkatschenko v Minister for Immigration and Multicultural Affairs [2024] FCA 1357

Tkatschenko v Minister for Immigration and Multicultural Affairs [2024] FCA 1357 Review of: Decision of the Administrative Appeals Tribunal dated 27 September 2023

File number(s):

Judgment of: CHEESEMAN J

Date of judgment: 25 November 2024

Catchwords: MIGRATION – application for judicial review of decision of the Administrative Appeals Tribunal affirming a delegate of the Minister's decision not to revoke the applicant's mandatory visa cancellation under s 501CA(4) of the Migration Act 1958 (Cth) – where accepted that applicant did not pass the character test under s 501(3A) of the Act – where sole issue for the Tribunal's consideration was whether there was another reason for revoking cancellation under s 501CA(4)(b)(ii) of the Act – whether the Tribunal made a jurisdictional error by failing to perform its statutory function – Held: Application dismissed with costs.

Legislation: Migration Act 1958 (Cth) ss 476A(1)(b), 499, 501(3A), 501CA(4) Ministerial Direction No 99 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA cl 5, 7(2), 8, 9

BAE23 v Minister for Home Affairs [2023] FCA 1152 CRNL v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 138 Cases cited: Demir v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 870 Enichem ANIC Srl v Anti-Dumping Authority [1992] FCA 882; 39 FCR 458 Ismail v Minister for Immigration, Citizenship, and Multicultural Affairs [2024] HCA 2; 417 ALR 36