Federal Court of Australia
Federal Court of Australia
QXNS v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1369 Review of: QXNS and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2022] AATA 696
File number(s): VID 256 of 2022
Judgment of: HORAN J
Date of judgment: 28 November 2024
Catchwords: MIGRATION – judicial review of decision of Administrative Appeals Tribunal to affirm decision to refuse to grant partner visa on character grounds – where expert psychological opinion that visa applicant's risk of reoffending was low – where Tribunal found that risk of reoffending was not negligible based on visa applicant's state of mind at time of commission of past offence – whether Tribunal's decision was legally unreasonable – whether Tribunal failed to have regard to applicant's representations and expert evidence – whether Tribunal failed to accord procedural fairness – whether Tribunal misconstrued Ministerial direction regarding impact on Australian business interests – application allowed
Legislation: Migration Act 1958 (Cth) ss 499, 501(1), (2), (3A), (6), (7), 501CA(4)
Cases cited: ABT17 v Minister for Immigration and Border Protection (2020) 269 CLR 439 Arachchi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1311 Ayoub v Minister for Immigration and Border Protection (2015) 231 FCR 513 BMX15 v Minister for Immigration and Border Protection (2016) 244 FCR 153 Canada (Minister of Citizenship and Immigration) v Vavilov (2019) 441 DLR (4th) 1 CKL21 v Minister for Home Affairs (2022) 293 FCR 634 Collector of Customs v Pozzolanic (1993) 43 FCR 280 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 289 FCR 21 Dunsmuir v New Brunswick [2008] 1 SCR 190 FYBR v Minister for Home Affairs (2019) 272 FCR 454 GNRK v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 292 FCR 262 Kim v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 294 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12; 98 ALJR 610 Luckman v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 851 McAuliffe v Secretary, Department of Social Security (1992) 28 ALD 609 Minister for Home Affairs v Buadromo (2018) 267 FCR 320 Minister for Home Affairs v DUA16 (2020) 271 CLR 550 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane (2021) 274 CLR 398 NRWQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 950 Plaintiff M1/2021 v Minister for Home Affairs (2022) 275 CLR 582 Ross v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 734 Sadiq and Minister for Immigration and Border Protection (Migration) [2016] AATA 463 Singh and Minister for Immigration and Border Protection (Migration) [2016] AATA 1040 Singh and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] AATA 264 Singh v Minister for Home Affairs [2019] FCA 905 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 Tabuarua v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 748 Tonga v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1179 TPTN v Minister for Immigration, Citizenship and Multicultural Affairs (2024) 304 FCR 244 Verrill v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 802 Waterford v Commonwealth (1987) 163 CLR 54
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