Tahere v Minister for Home Affairs [2019] FCA 814

Tahere v Minister for Home Affairs [2019] FCA 814

The appellant's removal from Australia at her own request pursuant to s 199 of the Migration Act 1958 (Cth) brought her within the definition of a 'behaviour concern non-citizen' under s 5(1)(d), which lawfully precluded the grant of a Special Category Visa under s 32(2)(a)(ii); thus, the delegate and primary judge made no error in law.

Jurisdiction
Australia
Judgment Date
31 May 2019
Procedural Posture
Appeal / Judgment on Appeal From Federal Circuit Court
Outcome
Appeal dismissed.
Legal Topics
['special Category Visa Refusal' 'behaviour Concern Non Citizen Definition' 'judicial Review' 'removal Under Migration Act']
['migration Law' 'administrative Law'] ['special Category Visa Refusal' 'behaviour Concern Non Citizen Definition' 'judicial Review' 'removal Under Migration Act']

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Procedural Posture

Appeal / Judgment on Appeal From Federal Circuit Court

Legal Issues

  1. 1 ["Whether the appellant was properly classified as a 'behaviour concern non-citizen' under the Migration Act 1958 (Cth) s 5(1) due to having been removed from Australia at her own request under s 199, and therefore ineligible for a Special Category Visa"]

Ratio Decidendi

The appellant's removal from Australia at her own request pursuant to s 199 of the Migration Act 1958 (Cth) brought her within the definition of a 'behaviour concern non-citizen' under s 5(1)(d), which lawfully precluded the grant of a Special Category Visa under s 32(2)(a)(ii); thus, the delegate and primary judge made no error in law.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs to be assessed if not agreed."]