Recent Cases

Pearson v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 22 (01 March 2022) (Perry, Downes and McElwaine JJ)


MIGRATION – application for judicial review of a decision of the Federal Court of Australia – whether the primary judge erred in finding that the failure by the Administrative Appeals Tribunal to consider an express representation or claim made by the Appellant in respect of her two pet dogs was not material to the Tribunal’s decision in affirming the decision of delegate to refuse to revoke the mandatory cancellation of the Appellant’s visa – whether the appeal should be dismissed on grounds other than those relied on by the primary judge, namely the Tribunal did not overlook the Appellant’s representation or claim in respect of her two pet dogs – where the Appellant’s claim did not feature in the case that the Appellant sought to make out before the Tribunal – where the Tribunal did not overlook a material matter relevant to its consideration – appeal dismissed