ZGWQ v Minister for Home Affairs [2019] FCA 1096

ZGWQ v Minister for Home Affairs [2019] FCA 1096

The Tribunal did not commit jurisdictional error because Direction No 79 did not require it to compare the New Zealand and Australian health and welfare systems, and it was open to the Tribunal to find, without specific evidence, that the applicant as a New Zealand citizen would have access to a public health system and social welfare in New Zealand. The applicant had not put a specific representation to the Tribunal that he could not access those systems or that they were relevantly different from Australia's systems.

Jurisdiction
Australia
Judgment Date
12 July 2019
Procedural Posture
Application for Judicial Review of a Decision of the Administrative Appeals Tribunal Affirming a Delegate's Decision Under S 501 CA Not to Revoke a Mandatory Visa Cancellation Decision Under S 501(3 A) of the Migration Act 1958 (cth) / Federal Court Application Dismissed
Outcome
Application dismissed with costs.
Legal Topics
['judicial Review' 'mandatory Visa Cancellation' 'revocation of Visa Cancellation' 'direction No 79' 'jurisdictional Error' 'legal Unreasonableness' 'extent of Impediments on Removal']
['migration Law' 'administrative Law'] ['judicial Review' 'mandatory Visa Cancellation' 'revocation of Visa Cancellation' 'direction No 79' 'jurisdictional Error' 'legal Unreasonableness' 'extent of Impediments on Removal']

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Procedural Posture

Application for Judicial Review of a Decision of the Administrative Appeals Tribunal Affirming a Delegate's Decision Under S 501 CA Not to Revoke a Mandatory Visa Cancellation Decision Under S 501(3 A) of the Migration Act 1958 (cth) / Federal Court Application Dismissed

Legal Issues

  1. 1 ['Whether the Tribunal made a jurisdictional error by failing to compare the health and welfare system of New Zealand with that of Australia when considering impediments if the applicant were removed.' 'Whether the Tribunal was required to have specific evidence before finding that the applicant, as a New Zealand citizen, would have access to a public health system and social welfare in New Zealand.']

Ratio Decidendi

The Tribunal did not commit jurisdictional error because Direction No 79 did not require it to compare the New Zealand and Australian health and welfare systems, and it was open to the Tribunal to find, without specific evidence, that the applicant as a New Zealand citizen would have access to a public health system and social welfare in New Zealand. The applicant had not put a specific representation to the Tribunal that he could not access those systems or that they were relevantly different from Australia's systems.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application is dismissed.' "The applicant pay the first respondent's costs, as agreed or assessed."]