Australian Immigration Daily News

Stewart v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 196
Full Court of the Federal Court of Australia
Rares, Anastassiou & Stewart JJ
Migration law - applicant held Special Category (Temporary) (Class TY) (subclass 444) visa - applicant had five children - children were Australian citizens - first respondent's delegate cancelled applicant's visa under s501(3A) Migration Act 1958 (Cth) (Migration Act) on basis applicant failed to satisfy 'character test' in ss501(6) & (7) Migration Act - first respondent's delegate declined to revoke visa's cancellation - Administrative Appeals Tribunal affirmed delegate's decision - applicant sought judicial review - 'preliminary point' - whether representations of applicant to Minister to revoke visa's cancellation 'were not received by the Minister', hence not “made” under s501CA(4)(a) Migration Act, within 28-day time period, such that power to revoke cancellation 'not enlivened' - whether 'legally unreasonable' findings by Tribunal - mental health of applicant - whether 'insufficient weight' given to 'applicant's history of mental illness and drug and alcohol addiction' in context of consideration of his criminal record and 'risk to the community' - whether 'insufficient weight or inadequate consideration' of applicant's mental health' in context of consideration of impact on applicant of returning to New Zealand - held: application dismissed.
Stewart

Source:  Benchmark