Dass v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 63

Federal Court of Australia Dass v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 63 Appeal from:

File number(s):

Judgment of: BURLEY J

Date of judgment: 7 February 2025

MIGRATION – application for judicial review of decision of the Administrative Appeals Tribunal – application filed 50 days out of time – application for extension of time sought – delayed legal representation and receipt of Tribunal's reasons – merits considered – application granted. Catchwords: MIGRATION – whether Tribunal erred by not expressly considering all members of the appellant's extended family pursuant to paras 8.3(3) and 8.3(1) of Direction No. 99 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA (Direction 99) – mandatory consideration not omitted – appeal allowed. MIGRATION – whether the Tribunal's weighting given to para 8.4 of Direction 99 was inconsistent or incoherent throughout its reasons – incoherency found – appeal allowed.

Migration Act 1958 (Cth) ss 477A(2)(b), 499, 501(3A), 501CA(4) Legislation: Direction No. 99 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA (23 January 2023) Federal Court Rules 2011 (Cth) r 31.23

Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 CRG17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1567; 179 ALD 330 DZAEH v Minister for Immigration and Border Protection [2016] FCA 83 Cases cited: Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 275 CLR 582 Rere v Minister for Immigration and Border Protection [2018] FCA 846 Uelese v Minister for Immigration and Border Protection [2015] HCA 15; 256 CLR 203