VKTT v Minister for Home Affairs [2019] FCA 1018

VKTT v Minister for Home Affairs [2019] FCA 1018

The Tribunal failed to discharge its obligations to consider mandatory matters under Ministerial Direction 65 concerning the best interests of minor children and the strength, nature and duration of the applicant's ties to Australia, constituting jurisdictional error and invalidating its decision.

Parties
Applicant: VKTT; First Respondent: Minister for Home Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
28 June 2019
Procedural Posture
Judicial Review Application / Judgment Following Substantive Hearing
Outcome
Application granted; Tribunal decision quashed and matter remitted
Legal Topics
Visa Cancellation, Character Test, Ministerial Direction 65, Jurisdictional Error, Merits Review, Mandatory Considerations, Best Interests of Children, Strength, Nature and Duration of Ties, Costs
Migration Law Administrative Law Constitutional Law Human Rights Visa Cancellation Character Test Ministerial Direction 65 Jurisdictional Error +5 more

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Parties

VKTT

Applicant

Minister for Home Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Judicial Review Application / Judgment Following Substantive Hearing

Legal Issues

  1. 1 Whether the Tribunal failed to take into account mandatory considerations required by Ministerial Direction 65 concerning the best interests of minor children in Australia affected by the decision
  2. 2 Whether the Tribunal failed to have regard to matters set out in Direction 65 concerning the strength, nature and duration of ties of the applicant to Australia
  3. 3 Whether the Tribunal failed to consider or properly consider the evidence of clinical psychologist Mercurio Cicchini regarding drug and alcohol rehabilitation

Ratio Decidendi

The Tribunal failed to discharge its obligations to consider mandatory matters under Ministerial Direction 65 concerning the best interests of minor children and the strength, nature and duration of the applicant's ties to Australia, constituting jurisdictional error and invalidating its decision.

Court Disposition

Application granted; Tribunal decision quashed and matter remitted

Orders

  • A writ of certiorari is issued quashing the decision of the second respondent dated 13 September 2018.
  • The matter be remitted to the second respondent, differently constituted, for re-determination according to law.