Recent Cases

Minister for Immigration, Citizenship and Multicultural Affairs v RGKY [2022] FCAFC 177 (02 November 2022) (Collier, Farrell and Halley JJ)


Catchwords:


MIGRATION – where the primary judge allowed an application for judicial review of a decision of the Administrative Appeals Tribunal – where the AAT affirmed the decision of a delegate of the Minister not to revoke a decision to cancel the applicant’s visa under s 501CA(4) of the Migration Act 1958 (Cth) – where the primary judge set aside the AAT’s decision on the basis that the Tribunal made a jurisdictional error because it had failed to give proper, genuine and realistic consideration to the best interests of minor children affected by the decision individually in compliance with Direction 79 made under s 499 of the Migration Act and character evidence on which the applicant relied in support of his contention that his character had changed since his loss of liberty after his last offending and the birth of his son – whether the primary judge erred in so finding – appeal allowed.