Demir v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 870

Demir v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 870

The Tribunal did not err in law by considering family violence offending under multiple primary considerations in Direction No 90; this did not constitute impermissible 'double counting' or legal unreasonableness, as the weight given to overlapping mandatory considerations is a matter for the decision-maker unless otherwise specified by statute.

Parties
Applicant: Mehmet Selcuk Demir; First Respondent: Minister for Immigration, Citizenship and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
31 July 2023
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Visa Cancellation, Character Test, Family Violence Offending, Direction No 90, Revocation of Mandatory Cancellation, Legal Unreasonableness, Weighing of Considerations
Migration Administrative Law Visa Cancellation Character Test Family Violence Offending Direction No 90 Revocation of Mandatory Cancellation Legal Unreasonableness +1 more

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Parties

Mehmet Selcuk Demir

Applicant

Minister for Immigration, Citizenship and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Tribunal erred by 'double counting' family violence offending in weighing primary considerations under Direction No 90 when deciding not to revoke visa cancellation
  2. 2 Whether such double counting constituted legal unreasonableness or jurisdictional error

Ratio Decidendi

The Tribunal did not err in law by considering family violence offending under multiple primary considerations in Direction No 90; this did not constitute impermissible 'double counting' or legal unreasonableness, as the weight given to overlapping mandatory considerations is a matter for the decision-maker unless otherwise specified by statute.

Court Disposition

Application dismissed

Orders

  • The amended originating application be dismissed.
  • The applicant pay the first respondent's costs as agreed or assessed.