Minister for Home Affairs v NBCM [2019] FCAFC 199

Minister for Home Affairs v NBCM [2019] FCAFC 199

The Tribunal did consider and make findings regarding the interests of both the minor children and minor grandchildren, the evidence considered was relevant for assessing risk of future harm, and the Tribunal had regard to the relevant separation factors under cl 9.2(4)(d) of Direction 65. The primary judge erred in concluding otherwise, so the appeal was allowed and the application for judicial review was dismissed.

Parties
Appellant: Minister for Home Affairs; First Respondent: NBCM; Second Respondent: The Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
18 November 2019
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Visa Cancellation on Character Grounds, Best Interests of Minor Children, Judicial Review, Direction 65, Separation Impacts on Children
Migration Law Administrative Law Visa Cancellation on Character Grounds Best Interests of Minor Children Judicial Review Direction 65 Separation Impacts on Children

Case Brief

Summary, issues, holding and outcome

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Parties

Minister for Home Affairs

Appellant

NBCM

First Respondent

The Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Tribunal erred in its treatment of the best interests of the minor children and minor grandchildren
  2. 2 Whether the Tribunal took into account a consideration which was not relevant
  3. 3 Whether the Tribunal failed to take into account cl 9.2(4)(d) of Direction 65 regarding separation impact on minor children

Ratio Decidendi

The Tribunal did consider and make findings regarding the interests of both the minor children and minor grandchildren, the evidence considered was relevant for assessing risk of future harm, and the Tribunal had regard to the relevant separation factors under cl 9.2(4)(d) of Direction 65. The primary judge erred in concluding otherwise, so the appeal was allowed and the application for judicial review was dismissed.

Court Disposition

Appeal allowed

Orders

  • The appeal be allowed.
  • Set aside the decision of the primary judge and in lieu thereof: (a) dismiss the application for judicial review; (b) order the applicant in those proceedings pay the costs of the first respondent in those proceedings.