Deng v Minister Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1456

Deng v Minister Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1456

The Tribunal did not err in its reasoning regarding the applicant's health as impediment to removal, nor in its interpretation of 'family member' for the purposes of family violence under Direction 90. There was sufficient evidence to support the Tribunal's consideration of Ms S as a family member due to the nature and duration of the relationship. Both grounds of review were rejected, and the application dismissed.

Parties
Applicant: Aruei Ador Deng; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
23 November 2021
Procedural Posture
Judicial Review / Final Judgment – Application Dismissed
Outcome
Application dismissed
Legal Topics
Mandatory Visa Cancellation, Revocation of Cancellation, Character Test, Family Violence, Expectations of Australian Community, Non Refoulement Obligations, Impediments to Removal
Administrative Law Migration Law Constitutional Law Human Rights Mandatory Visa Cancellation Revocation of Cancellation Character Test Family Violence +3 more

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Parties

Aruei Ador Deng

Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Judicial Review / Final Judgment – Application Dismissed

Legal Issues

  1. 1 Whether the Tribunal constructively failed to exercise its jurisdiction by failing to regard the applicant's health in considering impediments to removal
  2. 2 Whether the Tribunal acted on a misunderstanding of the applicable law in finding family violence against an intimate partner qualifies under Direction 90

Ratio Decidendi

The Tribunal did not err in its reasoning regarding the applicant's health as impediment to removal, nor in its interpretation of 'family member' for the purposes of family violence under Direction 90. There was sufficient evidence to support the Tribunal's consideration of Ms S as a family member due to the nature and duration of the relationship. Both grounds of review were rejected, and the application dismissed.

Court Disposition

Application dismissed

Orders

  • The originating application be dismissed.
  • The applicant pay the first respondent's costs as agreed or taxed.