Recent Cases

Lynch v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCAFC 51 (24 April 2026) (Snaden, Horan and Dowling JJ)


Catchwords:


MIGRATION – appeal from decision to dismiss application for judicial review of decision of second respondent (“Tribunal”) – where appellant’s visa had been mandatorily cancelled by operation of s 501(3A) of the Migration Act 1958 (Cth) (the “Act”) – where the Tribunal was not satisfied that there existed “another reason” to revoke the cancellation under s 501CA(4) of the Act – where Australia has signed and ratified an international treaty requiring that the best interests of the child be “a primary consideration” in making certain administrative decisions – where ministerial direction issued under s 499 of the Act specified that the protection of the Australian community generally be given greater weight than other primary considerations (including, the best interests of minor children in Australia) – whether ministerial direction in that respect was invalid or “unlawful” – whether Tribunal’s decision to give effect to the ministerial direction was procedurally unfair – consideration of Minister of State for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 – appeal dismissed, with costs