XXBN v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 74 (11 May 2022) (Bromberg, Stewart and Goodman JJ)


Catchwords:


MIGRATION – Appeal from application for judicial review of decision of the Administrative Appeals Tribunal affirming delegate’s decision to not revoke the cancellation of the appellant’s visa – where visa cancelled because of appellant’s criminal record – where visa mandatorily cancelled under s 501(3A) Migration Act 1958 (Cth) – whether “another reason” for revocation under s 501CA(4) – whether the Tribunal misdirected itself as to the operation of paragraph 13.2(4)(a) of Direction No 79 – whether, where immediate family members are also victims of the appellant’s crimes, the Tribunal must consider the effect of non-revocation in both capacities – whether there was a failure to so consider.