Nguyen v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 160

Nguyen v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 160

The Tribunal did not commit jurisdictional error because it properly considered the best interests of the appellant's nephews by evaluating the relevant evidence and representations as required by the Migration Act 1958 (Cth), Ministerial Direction 99, and relevant case law. It was not necessary for the Tribunal to expressly find or state a position about every factor in Direction 99 s 8.4(4) so long as it performed the evaluative task in forming its judgment as to the best interests of the children, which was then taken into account as a primary consideration in the final decision. The primary judge was correct to find no jurisdictional error and dismiss the review application.

Parties
Appellant: Giang Nam Nguyen; First Respondent: Minister for Immigration, Citizenship and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
12 December 2024
Procedural Posture
Migration Appeal / Full Court Appeal From Single Judge
Outcome
appeal dismissed
Legal Topics
Visa Cancellation, Jurisdictional Error, Best Interests of Children, Mandatory Considerations, Administrative Appeals Tribunal Review
Migration Law Administrative Law Visa Cancellation Jurisdictional Error Best Interests of Children Mandatory Considerations Administrative Appeals Tribunal Review

Case Brief

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Parties

Giang Nam Nguyen

Appellant

Minister for Immigration, Citizenship and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Migration Appeal / Full Court Appeal From Single Judge

Legal Issues

  1. 1 Whether the Tribunal failed to properly consider the best interests of the appellant's nephews when refusing to revoke visa cancellation
  2. 2 Whether the primary judge erred in finding no jurisdictional error by the Tribunal regarding consideration of Direction 99, s 8.4(4)

Ratio Decidendi

The Tribunal did not commit jurisdictional error because it properly considered the best interests of the appellant's nephews by evaluating the relevant evidence and representations as required by the Migration Act 1958 (Cth), Ministerial Direction 99, and relevant case law. It was not necessary for the Tribunal to expressly find or state a position about every factor in Direction 99 s 8.4(4) so long as it performed the evaluative task in forming its judgment as to the best interests of the children, which was then taken into account as a primary consideration in the final decision. The primary judge was correct to find no jurisdictional error and dismiss the review application.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The appellant pay the costs of the first respondent to be taxed if not agreed.