Manuel v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1354

Manuel v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1354

The Tribunal committed jurisdictional error by failing to consider evidence relevant to the 'another reason' criterion under s 501CA(4)(b)(ii) and Ministerial Direction No. 90, which was material to the outcome.

Parties
Applicant: Brett Terry Manuel; First Respondent: Minister for Immigration, Citizenship and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
11 November 2022
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application granted by consent; Tribunal decision quashed; matter remitted for redetermination; costs awarded to applicant.
Legal Topics
Judicial Review, Visa Cancellation, Jurisdictional Error
Migration Law Administrative Law Judicial Review Visa Cancellation Jurisdictional Error

Case Brief

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Parties

Brett Terry Manuel

Applicant

Minister for Immigration, Citizenship and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Administrative Appeals Tribunal failed to consider evidence relevant to its determination of 'another reason' to revoke the mandatory cancellation of the applicant's visa under s 501CA(4)(b)(ii) of the Migration Act 1958 (Cth)

Ratio Decidendi

The Tribunal committed jurisdictional error by failing to consider evidence relevant to the 'another reason' criterion under s 501CA(4)(b)(ii) and Ministerial Direction No. 90, which was material to the outcome.

Court Disposition

Application granted by consent; Tribunal decision quashed; matter remitted for redetermination; costs awarded to applicant.

Orders

  • A writ of certiorari be issued quashing the decision of the second respondent dated 15 June 2022.
  • A writ of mandamus directed to the second respondent be issued requiring it to determine the application for review of the decision of a delegate of the first respondent dated 23 March 2022 according to law.