Recent Cases

LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 64 (03 May 2023) (Markovic, Thomas and Button JJ)


Catchwords:


MIGRATION – visas – cancellation – where Appellant was convicted of criminal offences and sentenced to terms of imprisonment – appeal from orders of a judge of the Federal Court of Australia dismissing an application for judicial review – where Appellant’s visa was cancelled under s 501(3A) of the Migration Act 1958 (Cth) – where the delegate decided not to revoke the cancellation under s 501CA of the Migration Act 1958 (Cth) – where the Administrative Appeals Tribunal affirmed the delegate’s decision – whether the primary judge erred in not setting aside the Tribunal’s decision – whether the Tribunal erred in construing the applicable law and Direction – whether the Tribunal erred in assessing the appellant’s criminal offending or conduct as “very serious” or “serious” under the applicable Direction – whether the Tribunal erred in finding that the Appellant was formally warned or otherwise made aware, in writing, about the consequences of further offending in terms of migration consequences – whether the Tribunal’s errors were material – application dismissed

ADMINISTRATIVE LAW – where the Tribunal did not detail its path of reasoning – whether the Appellant bears the onus of establishing the Tribunal’s unstated path of reasoning – whether determination of error requires drawing of inferences as to how in fact the Tribunal came to the conclusions stated – whether a court may fill in gaps in the Tribunal’s path of reasoning