CJO23 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1228

CJO23 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1228

The Tribunal's failure to give proper consideration and considerable weight to the applicant's ordinary residence in Australia during and since his formative years, as required by Direction 99, para 8.3(4)a)i., constituted a material jurisdictional error warranting quashing of the Tribunal's decision.

Parties
Applicant: CJO23; First Respondent: Minister for Immigration, Citizenship and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
23 October 2024
Procedural Posture
Judicial Review / Judgment
Outcome
Decision of the Tribunal quashed; matter remitted for re-determination; costs to the applicant.
Legal Topics
Visa Cancellation, Judicial Review, Mandatory Relevant Considerations, Direction 99, Character Test, Jurisdictional Error
Migration Law Administrative Law Visa Cancellation Judicial Review Mandatory Relevant Considerations Direction 99 Character Test Jurisdictional Error

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Parties

CJO23

Applicant

Minister for Immigration, Citizenship and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Tribunal misunderstood or misapplied para 8.3 of Direction No. 99 relating to the strength, nature, and duration of ties to Australia and the requirement to give considerable weight to residence during formative years.
  2. 2 Whether the Tribunal's findings regarding the likelihood of re-offending and historic incidents of sexual offending were unsupported by evidence, unreasonable, illogical, or irrational.

Ratio Decidendi

The Tribunal's failure to give proper consideration and considerable weight to the applicant's ordinary residence in Australia during and since his formative years, as required by Direction 99, para 8.3(4)a)i., constituted a material jurisdictional error warranting quashing of the Tribunal's decision.

Court Disposition

Decision of the Tribunal quashed; matter remitted for re-determination; costs to the applicant.

Orders

  • A writ of certiorari be issued quashing the second respondent's decision under s 500(1)(ba) of the Migration Act 1958 (Cth) made on 19 September 2023.
  • The matter be remitted to the second respondent for determination according to law.