LRMM v Minister for Immigration and Multicultural Affairs [2025] FCA 51

Federal Court of Australia LRMM v Minister for Immigration and Multicultural Affairs [2025] FCA 51 Review of: LRMM v Minister for Immigration, Citizenship and Multicultural Affairs (Migration) [2023] AATA 3162 (6 October 2023)

File number(s):

Judgment of: COLLIER J

Date of judgment: 6 February 2025

Catchwords: MIGRATION – application for judicial review of decision of the Administrative Appeals Tribunal to affirm decision of delegate of the Minister for Immigration and Multicultural Affairs not to revoke cancellation of the applicant's visa under s 501CA(4) of the Migration Act 1958 (Cth) – status and operation of Ministerial directions under s 499 of the Act – application of primary considerations by Tribunal under Ministerial Direction 99 – whether Tribunal failed to take into account a less serious offence for the purposes of para 8.1.1(1)(c) – whether Tribunal failed to consider impact on immediate family members in Australia for the purposes of para 8.3(1) – whether Tribunal failed to attribute "considerable weight" to "formative years" spent in Australia for the purposes of para 8.3(4)(a)(i) – whether less weight can be given to formative years where no positive contributions to Australian community for the purposes of para 8.3(4)(a) – whether Ministerial Direction 99 can compel Tribunal to attribute specific weight – comparison of relevant paras of Ministerial Direction 90 and Ministerial Direction 99 – whether list of conduct under para 8.5(2) is exhaustive for the purposes of para 8.5 – whether Tribunal undertook independent assessment of the expectations of the Australian community – application allowed with costs

Legislation: Migration Act 1958 (Cth) ss 499(1), 499(2A), 501(3A), 501CA(4) Police Powers and Responsibilities Act 2000 (Qld) s 791(2)