Meyrick v Minister for Home Affairs

• Jurisdiction: Australia Federal only
• Court: Federal Court
• Judge: JACKSON J
• Judgment Date: 20 May 2020
• Neutral Citation: [2020] FCA 677
• Date: 20 May 2020

FEDERAL COURT OF AUSTRALIA

Meyrick v Minister for Home Affairs [2020] FCA 677

Review from:	Meyrick and Minister for Home Affairs [2019] AATA 168
File number:	WAD 143 of 2019
Judge:	JACKSON J
Date of judgment:	20 May 2020
Catchwords:	MIGRATION - application for judicial review of a decision of the Administrative Appeals Tribunal affirming the decision of the Minister's delegate to not revoke the mandatory cancellation of the applicant's visa under s 501(3A) of the Migration Act 1958 (Cth) ; MIGRATION - whether Tribunal erred in finding that best interests of applicant's infant child did not weigh either for or against revocation of the cancellation of his visa - whether finding inconsistent with the Family Law Act 1975 (Cth) - whether direction made by the Minister under s 499 of the Migration Act (Direction 65) inconsistent with the Family Law Act or the common law - whether Direction 65 should be read down to be consistent with the Act - whether para 13.2(4)(a) of Direction 65 applies to parental relationship - whether finding inconsistent with international law - Direction 65 not inconsistent with the Family Law Act or international law or common law principles - finding not based on misunderstanding or misapplication of Direction 65 ; MIGRATION - whether Tribunal failed to adequately consider material provided by the applicant - principles applicable to determining whether Tribunal failed to consider a relevant matter - Tribunal engaged in an active intellectual process - Tribunal adequately considered relevant matters - whether finding that 'impact on victims' consideration weighed neither in favour nor against revocation was legally unreasonable - onus on applicant to establish that Tribunal failed to adequately consider impact of non-revocation on certain persons - finding not illogical, irrational or unsupported by logical grounds - application dismissed
Legislation:	Administrative Appeals Tribunal Act 1975 (Cth) s 43 Family Law Act 1975 (Cth) ss 45, 60B, 60CA, 60CC, 61B, 61C, 61DA, 64B, 66C, 66K, 66M, 66N, 67B, Part VII Judiciary Act 1903 (Cth) s 78B Migration Act 1958 (Cth) ss 189, 196, 198, 499, 500, 501, 501CA Migration Regulations 1994 (Cth)
Cases cited:	Appellant V324 of 2004 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 259 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 Arthur Yates & Co Pty Ltd v Vegetable Seeds Committee (1945) 72 CLR 37 Bale v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 646 Butler v Attorney-General (Vic) (1961) 106 CLR 268 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; (2017) 252 FCR 352 Commonwealth v Grunseit (1943) 67 CLR 58 Gentel v Rapps [1902] 1 KB 160 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; (2018) 267 FCR 628 HZCP v Minister for Immigration and Border Protection [2019] FCAFC 202 Latitude Fisheries Pty Ltd v Minister for Primary Industries and Energy (1992) 110 ALR 209 London, Midland & Scottish Railway Company v Greaver [1937] 1 KB 367 McKellar v Smith [1982] 2 NSWLR 950 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister For Home Affairs v HSKJ [2018] FCAFC 217; (2018) 363 ALR 325 Minister for Home Affairs v Omar [2019] FCAFC 188; (2019) 373 ALR 569 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216; (2018) 267 FCR 643 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Citizenship v Anochie [2012] FCA 1440; (2012) 209 FCR 497 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; (2011) 241 CLR 594 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134; (2005) 147 FCR 51 Navoto v Minister for Home Affairs [2019] FCAFC 135 Nigam v Minister for Immigration and Border Protection [2017] FCAFC 127; (2017) 254 FCR 295 Paerau v Minister for Immigration and Border Protection [2014] FCAFC 28; (2014) 219 FCR 504 R & W Paul Ltd v The Wheat Commission [1937] AC 139 R v Togias [2001] NSWCCA 522; (2001) 127 A Crim R 23 Re D (a child) [2019] UKSC 42 Re Lynch; Ex parte Reid (1943) 43 SR (NSW) 207 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 [2003] HCA 30; (2003) 198 ALR 59 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6; (2003) 214 CLR 1 Rokobatini v Minister for Immigration and Multicultural Affairs [1999] FCA 1238; (1999) 90 FCR 583 Royal Women's Hospital v Medical Practitioners Board of Victoria [2006] VSCA 85; (2006) 15 VR 22 Schoenmakers v Director of Public Prosecutions (1991) 30 FCR 70 Singh v Minister for Home Affairs [2019] FCAFC 3; (2019) 267 FCR 200 Suleiman v Minister for Immigration and Border Protection [2018] FCA 594 SZTMD v Minister for Immigration and Border Protection [2015] FCA 150; (2015) 150 ALD 34 Tickner v Chapman (1995) 57 FCR 451 Uelese v Minister for Immigration and Border Protection [2015] HCA 15; (2015) 256 CLR 203 United Mexican States v Cabal [2001] HCA 60; (2001) 209 CLR 165 VKTT v Minister for Home Affairs [2019] FCA 1018 White v Morley [1899] 2 QB 34 Williams v Minister for Immigration and Border Protection [2014] FCA 674; (2014) 226 FCR 112 XFKR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 323
Date of hearing:	25 July 2019 & 16 December 2019
Registry:	Western Australia
Division:	General Division
National Practice Area:	Administrative and Constitutional Law and Human Rights
Category:	Catchwords
Number of paragraphs:	146
Counsel for the Applicant:	The applicant appeared in person (25 July 2019) Mr PJ Hannan (16 December 2019)
Solicitor for the Applicant:	Cathal Smith Legal Pty Ltd (16 December 2019)
Counsel for the First Respondent:	Ms EL Tattersall (25 July 2019) Mr PR Macliver (16 December 2019)
Solicitor for the First Respondent:	Sparke Helmore Lawyers
Counsel for the Second Respondent:	The second respondent filed a submitting notice save as to costs

ORDERS

	WAD 143 of 2019
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