Firme v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 60

Federal Court of Australia Firme v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 60 Review of: Pessoa Firme v Minister for Immigration, Citizenship and Multicultural Affairs [2024] AATA 773

File number(s):

Judgment of: MEAGHER J

Date of judgment: 7 February 2025

Catchwords: MIGRATION – Application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) – Where Tribunal affirmed the decision of a delegate of the Minister not to revoke the mandatory cancellation of the applicant's visa – Whether the Tribunal demonstrated illogicality in its approach to para 8.4(1) of Direction 99 – Whether the Tribunal denied the applicant procedural fairness by not putting to the applicant or his mother that it had concerns about the reliability of the applicant's mother's evidence – Where no illogicality demonstrated in the Tribunal's approach to para 8.4(1) of Direction 99 – Where the applicant was denied procedural fairness – Where the Tribunal should have put to the applicant or his mother its concerns about the reliability of his mother's evidence – Application allowed

Legislation: Migration Act 1958 (Cth) ss 499(1), 499(2A), 501, 501(3A), 501(6)(a), 501(7)(c), 501CA, 501CA(4)

Degning v Minister for Home Affairs (2019) 270 FCR 451 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2024) 98 ALJR 610 Manebona v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2023) 298 FCR 516 Cases cited: Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 Titoa v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 163