FCFY v Minister for Home Affairs (No 2)

[2019] FCA 1990

Federal Court of Australia26 November 2019

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Interrogate

Catchwords

1. Migration
2. › Visa cancellation
3. › Mandatory cancellation under s 501(3A)
4. › Revocation under s 501CA(4)
1. Migration
2. › Ministerial Direction No 65
3. › Primary and other considerations
4. › Weighting of considerations under cl 8(4)
1. Migration
2. › Ministerial Direction No 65
3. › Other considerations
4. › Strength, nature and duration of ties
5. › Construction of cl 14.2(1)(a)(ii)
1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › Failure to consider significant matters in representations

Quick Take

Clause 14.2(1)(a)(ii) of Direction No 65 operates only to increase the weight given to length of residence where there has been positive contribution to the Australian community; it does not require a decrease in weight where positive contribution is limited or absent, and a Tribunal reviewing a s 501CA(4) revocation decision must separately and actively consider the impact of non-revocation on the applicant's family as a significant matter raised in representations.