Contreras v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 154 (24 August 2021) (Middleton, Anastassiou and Cheeseman JJ)


Catchwords:


MIGRATION – cancellation of visa – where Administrative Appeals Tribunal affirmed decision to cancel visa – where Tribunal found visa holder provided incorrect information in visa applications and contravened s 101 of the Migration Act 1958 (Cth) – where Tribunal found visa holder deliberately provided incorrect information – whether Tribunal took into account an irrelevant consideration when considering whether incorrect answer deliberate or inadvertent – whether Tribunal misunderstood statutory task under s 101 of the Act – no jurisdictional error

MIGRATION – where visa holder and visa holder’s child subject to parenting orders made under Family Law Act 1975 (Cth) – where visa holder’s child prohibited from leaving Australia – where Tribunal weighed up best interests of child and noted that movement of child out of Australia would require further orders – whether Tribunal decision frustrated or was contrary to parenting orders – whether Tribunal decision illogical – no jurisdictional error