Rukuwai v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 157

Rukuwai v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 157

The Tribunal did not fail to consider whether JA was the appellant's family member for the purposes of Direction 90. Its reasons showed awareness that family membership was a necessary element of family violence, and it found that the threatening text caused JA, described as a family member, to be fearful. Given the findings that the appellant and JA had been married for 14 years, had four children together, had custody arrangements concerning those children, and that the text referred to "our kids", it was reasonably open to treat JA as a member of the appellant's family. The primary judge therefore made no error, and the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
28 September 2023
Procedural Posture
Migration Appeal From Dismissal of Application for Judicial Review of Administrative Appeals Tribunal Decision Affirming Refusal to Revoke Mandatory Visa Cancellation / Full Court Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
['mandatory Cancellation of Visa Under S 501(3 A) of the Migration Act 1958 (cth)' 'revocation Under S 501 Ca(4) of the Migration Act 1958 (cth)' 'direction No. 90' 'family Violence' 'jurisdictional Error' 'legal Unreasonableness']
['migration Law' 'administrative Law'] ['mandatory Cancellation of Visa Under S 501(3 A) of the Migration Act 1958 (cth)' 'revocation Under S 501 Ca(4) of the Migration Act 1958 (cth)' 'direction No. 90' 'family Violence' 'jurisdictional Error' 'legal Unreasonableness']

Case Brief

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Procedural Posture

Migration Appeal From Dismissal of Application for Judicial Review of Administrative Appeals Tribunal Decision Affirming Refusal to Revoke Mandatory Visa Cancellation / Full Court Appeal

Legal Issues

  1. 1 ['Whether the primary judge erred in failing to find that the Tribunal failed to consider whether the appellant\'s former spouse was a member of her family for the purpose of the definition of "family violence" within Direction no. 90.' "Whether it was legally unreasonable for the Tribunal to treat the appellant's former spouse as a member of her family within Direction no. 90." 'Whether the Full Court decision in Deng v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 293 FCR 509 was wrongly decided.']

Ratio Decidendi

The Tribunal did not fail to consider whether JA was the appellant's family member for the purposes of Direction 90. Its reasons showed awareness that family membership was a necessary element of family violence, and it found that the threatening text caused JA, described as a family member, to be fearful. Given the findings that the appellant and JA had been married for 14 years, had four children together, had custody arrangements concerning those children, and that the text referred to "our kids", it was reasonably open to treat JA as a member of the appellant's family. The primary judge therefore made no error, and the appeal was dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs, to be agreed or assessed."]