Pham v Minister for Immigration and Multicultural Affairs [2024] FCA 1363

Federal Court of Australia Pham v Minister for Immigration and Multicultural Affairs [2024] FCA 1363 Appeal from: Pham and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] AATA 535

File number:

Judgment of: PERRAM J

Date of judgment: 29 November 2024

Catchwords: MIGRATION – appeal from decision of Administrative Appeals Tribunal ('Tribunal') to affirm decision not to revoke mandatory cancellation of applicant's visa under s 501CA of the Migration Act 1958 (Cth) – whether Tribunal erred in finding that applicant's mental health was 'reasonable' in light of applicant's substance use disorders – whether Tribunal considered medical support available to applicant in home country for those disorders as required by cl 9.2(1)(c) of Direction 99 – whether Tribunal erred in finding applicant had not established a 'consistent history of employment in Australia' – whether Tribunal made a determination about whether non-revocation in minor child's best interests as required by cl 8.4 of Direction 99

Legislation: Migration Act 1958 (Cth) ss 499(2A), 501, 501CA(4) Direction No 99, 'Visa Refusal and Cancellation under s 501 and Revocation of a Mandatory Cancellation of a Visa under s 501CA' (23 January 2023) cll 8.3, 8.4, 9.2

Bainbridge v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1080 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 Cases cited: Dranichnikov v Minister for Immigration and Multicultural & Indigenous Affairs [2003] HCA 26; 197 ALR 389 Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; 243 CLR 164 Webb v Minister for Home Affairs [2020] FCA 831