FYBR v Minister for Home Affairs [2019] FCA 500

FYBR v Minister for Home Affairs [2019] FCA 500

Clause 11.3 of Direction No. 65 is a statement of government policy as to community expectations, which the Tribunal is required to apply in its decision in accordance with s 499(2A) of the Migration Act. The Tribunal is not required (nor permitted) to assess community expectations independently in light of the applicant’s individual circumstances for the purposes of this clause. The Tribunal did not err in law or jurisdiction by applying the 'norm' mandated by the Direction, and thus the application for judicial review must be dismissed.

Jurisdiction
Australia
Judgment Date
11 April 2019
Procedural Posture
Application for Judicial Review / Judgment After Full Hearing
Outcome
Application for judicial review dismissed; application for extension of time granted
Legal Topics
['judicial Review' 'visa Refusal' 'character Test' 'direction No. 65' 'community Expectations']
['migration Law' 'administrative Law'] ['judicial Review' 'visa Refusal' 'character Test' 'direction No. 65' 'community Expectations']

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Procedural Posture

Application for Judicial Review / Judgment After Full Hearing

Legal Issues

  1. 1 ['Whether the Tribunal erred in its construction and application of cl 11.3 of Direction No. 65 regarding expectations of the Australian community as a primary consideration for visa refusal under s 501 of the Migration Act 1958' "Whether the Tribunal was required to assess community expectations by reference to the applicant's circumstances rather than adopting the norm in Direction 65"]

Ratio Decidendi

Clause 11.3 of Direction No. 65 is a statement of government policy as to community expectations, which the Tribunal is required to apply in its decision in accordance with s 499(2A) of the Migration Act. The Tribunal is not required (nor permitted) to assess community expectations independently in light of the applicant’s individual circumstances for the purposes of this clause. The Tribunal did not err in law or jurisdiction by applying the 'norm' mandated by the Direction, and thus the application for judicial review must be dismissed.

Court Disposition

Application for judicial review dismissed; application for extension of time granted

Orders

  • ['The application for an extension of time is granted.' 'The application for judicial review is dismissed.' "The applicant is to pay the first respondent's costs as agreed or assessed."]