Reid v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1076

Reid v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1076

The Tribunal did not commit jurisdictional error. Direction 99 had not commenced when the Tribunal made its decision and had no operative force or status as applicable Ministerial policy; the Tribunal was bound to comply with Direction 90. On a fair reading of the Tribunal's reasons as a whole, it recognised and weighed the tolerance principle when considering community expectations, the applicant's long residence in Australia and the overall balancing exercise. Its conclusion that protection of the Australian community and expectations of the Australian community considerably outweighed countervailing considerations was open on the material.

Jurisdiction
Australia
Judgment Date
12 September 2023
Procedural Posture
Application for Review Under S 476 a of the Migration Act 1958 (cth) of an Administrative Appeals Tribunal Decision Affirming a Delegate's Decision Not to Revoke Mandatory Visa Cancellation Under S 501 Ca. / Final Judgment After Hearing; Amended Application Dismissed.
Outcome
Application dismissed.
Legal Topics
['visa Cancellation' 'character Test' 'revocation of Mandatory Visa Cancellation' 'ministerial Directions Under S 499' 'jurisdictional Error' 'tolerance Principle' 'administrative Appeals Tribunal']
['migration' 'administrative Law'] ['visa Cancellation' 'character Test' 'revocation of Mandatory Visa Cancellation' 'ministerial Directions Under S 499' 'jurisdictional Error' 'tolerance Principle' 'administrative Appeals Tribunal']

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Procedural Posture

Application for Review Under S 476 a of the Migration Act 1958 (cth) of an Administrative Appeals Tribunal Decision Affirming a Delegate's Decision Not to Revoke Mandatory Visa Cancellation Under S 501 Ca. / Final Judgment After Hearing; Amended Application Dismissed.

Legal Issues

  1. 1 ['Whether the Tribunal was required to have regard to Ministerial Direction No. 99, which had been signed or given but had not commenced when the Tribunal made its decision.' 'Whether the Tribunal misapplied the tolerance principle in cl 5.2(4) of Ministerial Direction No. 90, including in its weighing of relevant considerations.']

Ratio Decidendi

The Tribunal did not commit jurisdictional error. Direction 99 had not commenced when the Tribunal made its decision and had no operative force or status as applicable Ministerial policy; the Tribunal was bound to comply with Direction 90. On a fair reading of the Tribunal's reasons as a whole, it recognised and weighed the tolerance principle when considering community expectations, the applicant's long residence in Australia and the overall balancing exercise. Its conclusion that protection of the Australian community and expectations of the Australian community considerably outweighed countervailing considerations was open on the material.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.' "The applicant is to pay the first respondent's costs."]