My cases
Here are some recent cases in which I have represented the applicant.
A more complete list of my reported cases may be found on the
Australian Legal Information Institute database
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Nguyen and Minister for Immigration [2023] AATA 392 (Deputy President Owen, 15 March 2023)
Merits review of decision of delegate of Minister to refuse to revoke mandatory cancellation of visa due to character considerations (cultivate large quantity cannabis); decision set aside and substituted such that the cancellation of the Applicant’s visa revoked. DHQ18 v Minister for Immigration [2023] FedCFamC2G 178 (Judge Given, 8 March 2023) Judicial review of decision of AAT to refuse Protection visa. AAT failed to comply with duty to provide hearing under s 425 Migration Act by allowing applicant's wife to remain in hearing room then discount the weight of wife's evidence; AAT decision based on critical findings which lacked logical foundation. Decision set aside and remitted to AAT for re-determination according to law. Nguyen v Minister for Immigration [2023] FCA 150 (Federal Court, Stewart J, 1 March 2023) Judicial review of decision of AAT to refuse visa under character test in s 501(1) of Migration Act 1958; found that AAT fell into error by making findings that were irrational or lacking a reasonable basis. Decision set aside and remitted to AAT for re-determination according to law. Le v Minister for Immigration [2023] FedCFamC2G 130 (24 February 2023) (Judge Humphreys, 24 February 2023) Judicial review of decision of AAT to refuse Partner visa. AAT made findings on credibility based on alleged inconsistencies and the applicant's manner of giving evidence which were legally unreasonable. Decision set aside and remitted to AAT for re-determination according to law. YFXS and Minister for Immigration [2023] AATA 36 (Deputy President Pascoe, 19 January 2023) Merits review of decision of delegate of Minister to refuse protection visa due to failure to pass character test in s 501(1) of the Migration Act 1958; failure due to drug-related criminal convictions arising from trauma-induced mental illness arising from experiences in Iraq; decision set aside and substituted with decision that the visa not be refused on character grounds. Singh and Minister for Immigration [2022] AATA 4800 (Senior Member Raif, 22 December 2022) Merits review of decision of delegate of Minister to refuse skilled visa under s 501(1) of the Migration Act 1958; allegarions in police documents from India that applicant was a party to murder committed by his father; AAT finds that it would be illogical or unreasonable to conclude that there is a risk of the applicant engaging in criminal conduct in Australia on the basis of unproven events occurring in India; risk of applicant engaging in criminal coinduct "non-existent"; decision set aside and substituted with decision that the visa not be refused on character grounds. Edwards and Minister for Immigration [2021] AATA 2985 (Senior Member Puplick, 20 August 2021) Merits review of decision of delegate of Minister to refuse to revoke mandatory cancellation of visa due to character considerations; decision set aside and substituted such that the cancellation of the Applicant’s visa revoked. Singh v Minister for Immigration [2021] FCCA 1879 (Judge Humphreys, 16 August 2021) Judicial review of decision of AAT to refuse Partner visa. AAT failed to actively engage with, or give proper, genuine and realistic consideration to, statutory declarations of friends and family of applicant attesting to the genuineness of the relationship between the applicant and his wife. Decision set aside and remitted to AAT for re-determination according to law. Corbett and Minister for Immigration (Migration) [2021] AATA 2501 (Senior Member Linda Kirk, 5 July 2021) Merits review of decision of delegate of Minister to refuse to revoke mandatory cancellation of visa due to character considerations; decision set aside and substituted with decision that cancellation of applicant’s visa revoked. Vaezmousavi and Minister for Immigration [2021] AATA 366 (Emeritus Professor P A Fairall, Senior Member, 1 February 2021) Merits review of decision of delegate of Minister to refuse to grant Australian citizenship. Multiple traffic offences; whether seriousness of offending detracted from good character; decision set aside and remitted Atua and Minister for Immigration (Migration) [2020] AATA 4973 (Senior Member J Kelly, 9 December 2020) Merits review of decision of delegate of Minister to refuse to revoke mandatory cancellation of visa due to character considerations; decision set aside and substituted with decision that cancellation of applicant’s visa revoked. Vu and Minister for Immigration [2020] AATA 2876 (Senior Member Puplick, 13 August 2020) Merits review of decision of delegate of Minister to refuse to revoke mandatory cancellation of visa due to character considerations; decision set aside and substituted with decision that cancellation of applicant’s visa revoked. HWLJ v Minister for Immigration [2020] FCA 1039 (Federal Court, Abraham J, 22 July 2020) Judicial review of decision of AAT not to revoke cancellation where applicant failed character test; Tribunal failed to meaningfully engage with the evidence and submissions when assessing the impediments on return to country of nationality; Decision set aside and remitted to AAT for re-determination according to law. CPJ16 v Minister for Immigration [2020] FCA 980 (Federal Court, Rares J; 9 July 2020) Judicial review of decision of Minister to use personal power under s 501A(2) of the Migration Act to overturn decision of AAT that applicant be granted a protection visa; Minister accepted that applicant faced significant harm if removed to New Zealand; namely, death or serious injury from drug gang vendetta; Minister nevertheless refused visa on national interest grounds; held, that Minister had failed to engage in active intellectual process with regard to protection claim and based national interest claim on false factual premise. Decision set aside and remitted to Minister for re-determination according to law. Eswaran and Minister for Immigration [2020] AATA 2048 (Member R. Bellamy, 30 June 2020) Merits review of decision of delegate of Minister to refuse to revoke mandatory cancellation of visa due to character considerations; decision set aside and substituted so that the discretion to revoke the mandatory cancellation of the applicant’s visa be exercised. CBY15 v Minister for Immigration [2020] FCA 878 (Federal Court, Kerr J, 23 June 2020) Appeal against decision of Judge Manousaridis to dismiss application for judicial review of decision of AAT to affirm refusal of Protection visa; legally unsound reasoning on credit; decision of AAT set aside. ZFHM and Minister for Immigration [2020] AATA 1642 (AAT, Deputy President Sosso, 5 June 2020) Merits review of decision of delegate of Minister to refuse to revoke mandatory cancellation of visa due to character considerations; decision set aside and substituted with decision that cancellation of applicant’s visa revoked. Yi and Minister for Immigration [2020] AATA 1485 (AAT, Senior Member Tavoularis, 26 May 2020) Merits review of decision of delegate of Minister to refuse Partner visa where applicant failed to pass character test; decision set aside and substituted with order that visa not be refused by reason of character test. EGH19 v Minister for Home Affairs [2020] FCA 692 (Federal Court, Griffiths J, 25 May 2020) Judicial review of decision of Minister to refuse to grant Protection visa where applicant did not pass character test; decision set aside and remitted to Minister for re-determination according to law. Assistant Minister for Immigration v Splendido [2019] FCAFC 132 (Full Bench of Federal Court, 16 August 2019) Appeal by Minister against decision of Steward J to set aside decision of Assistant Minister to refuse to revoke cancellation of visa due to character considerations; appeal dismissed. Doan v Minister for Home Affairs [2019] FCA 1172 (Griffiths J, 1 August 2019) Judicial review of decision of AAT to refuse to revoke mandatory cancellation of visa due to character considerations; decision set aside and remitted to AAT for re-determination according to law. BWGZ and Minister for Home Affairs [2019] AATA 1645 (Senior Member Puplick, 3 July 2019) Merits review of decision of Minister to cancel approval of Australian citizenship due to character considerations; decision set aside and remitted to Minister with direction that applicant is of good character. Tran v Minister for Home Affairs [2019] FCCA 736 (Judge Baird, 26 March 2019) Judicial review of decision of AAT to refuse Partner visa; misconstruction of requirements of definition of "spouse" under Migration Regulations 1994; decision set aside and remitted to AAT for re-determination according to law. Momtaz v Minister for Immigration [2019] FCCA 520 (Judge Egan 7 March 2019) Judicial review of decision of delegate of Minister to refuse subclass 188 Business Innovation and Investment (Provisional) visa; failure to comply with procedural fairness requirements in s 57 of the Migration Act 1958; decision set aside and remitted to Minister for re-determination according to law. Zhang v Minister for Immigration [2019] FCCA 255 (Judge Barnes, 8 February 2019) Judicial review of decision of delegate of Minister to refuse subclass 188 Business Innovation and Investment (Provisional) visa; remittal from High Court; failure to have regard to relevant evidence; decision set aside and remitted to Minister for re-determination according to law. NFLL and Department of Home Affairs [2019] AATA 85 (Senior Member Puplick, 5 February 2019) Merits review of decision of delegate of Minister to refuse to revoke mandatory cancellation of visa due to character considerations; decision set aside and substituted with decision that cancellation of applicant’s visa revoked. He v Minister for Immigration [2019] FCCA 85 (Judge Driver, 4 February 2019) Judicial review of decision of AAT to refuse Partner visa; failure of AAT to provide fair hearing under s 360 of the Migration Act 1958; decision set aside and remitted to AAT for re-determination according to law. BIL17 v Minister for Immigration [2019] FCAFC 6 (Full Bench of Federal Court, 31 January 2019); also reported at (2019) 268 FCR 114 Appeal against decision of Judge Street to dismiss application for judicial review of decision of AAT to engage actively and intellectually with relevant country information about Fiji; appeal granted and decision of AAT set aside. Nguyen and Minister for Home Affairs [2018] AATA 4659 (Senior Member Morris, 19 December 2018) Merits review of decision of delegate of Minister to refuse subclass 155 Resident Return visa due to character considerations; decision set aside and substituted with decision that the visa not be refused on character grounds. Waraich and Minister for Immigration [2018] AATA 4524 (Senior Member Cremean, 5 December 2018) Merits review of decision of delegate of Minister to revoke Australian citizenship due to migration-related fraud; decision set aside and remitted to Minister with direction that applicant is entitled to have the revocation of his Australian citizenship reversed. Ku v Minister for Immigration [2018] FCCA 3066 (Judge Smith, 16 November 2018) Judicial review of decision of AAT to refuse Partner visa; AAT took into account an irrelevant consideration, that the parties to a de facto relationship had never actually married; decision set aside and remitted to AAT for re-determination according to law. Gella v Minister for Immigration [2018] FCCA 2647 (Judge Smith, 8 November 2018) Judicial review of decision of AAT to refuse Partner visa; AAT took into account an irrelevant consideration, that the parties to a de facto relationship had never actually married; decision set aside and remitted to AAT for re-determination according to law. FMR18 v Minister for Home Affairs [2018] FCA 1632 (Markovic J, 1 November 2018) Application for declaration that child applicant an Australian citizen by descent where applicant not the biological child of Australian citizen parents; declaration made that applicant an Australian citizen. Abdelsayed v Minister for Immigration [2018] FCCA 2988 (Judge Dowdy, 26 October 2018) Judicial review of decision of AAT to refuse Partner visa because of failure to satisfy Public Interest Criterion 3001; AAT failed to consider or make findings on clearly articulated claim; decision set aside and remitted to AAT for re-determination according to law. HJCS and Minister for Home Affairs [2018] AATA 3784 (Senior Member Groom, 11 October 2018) Merits review of decision of delegate of Minister to refuse protection visa due to character considerations; decision set aside and substituted with decision that the visa not be refused on character grounds. Splendido v Assistant Minister for Immigration (No 2) [2018] FCA 1158 (Steward J, 8 August 2018) Judicial review of decision of Assistant Minister to refuse to revoke mandatory cancellation of visa due to character considerations; decision set aside and remitted to Minister for re-determination according to law. Maut and Minister for Home Affairs [2018] AATA 2754 (Senior Member Taylor, 24 July 2018) Merits review of decision of delegate of Minister to cancel subclass 202 Global Special Humanitarian visa due to character considerations; decision set aside. Singh and Minister for Home Affairs [2018] AATA 2307 (Senior Member Morris, 13 July 2018) Merits review of decision of delegate of Minister to refuse Partner visa due to character considerations; decision set aside and substituted with decision that the visa not be refused on character grounds. Re Your Estate Agency Pty Ltd [2018] AATA 2393 (Member Hunter, 2 July 2018) Merits review of decision of delegate of Minister to refuse approval of application of nomination for position of Real Estate Representative under r.5.19 of the Migration Regulations 1994; decision set aside and substituted with decision approving the nomination. BHM15 v Minister for Immigration [2018] FCA 917 (Markovic J 19 June 2018) Appeal against decision of Judge Nicholls to dismiss application for judicial review of decision of AAT to affirm refusal of Protection visa; failure of AAT to consider and make findings on evidence which corroborated appellant's claims; decision of AAT set aside. Vasiunina and Minister for Immigration [2018] AATA 943 (Senior Member Puplick, 19 April 2018) Merits review of decision of Minister to refuse the grant of Australian citizenship on grounds that applicant did not have a "close and continuing association" with Australia; decision set aside and remitted to Minister for reconsideration. Kwok and Minister for Immigration [2017] AATA 1521 (Hon. Justice Stevenson 21 September 2017) Merits review of decision of delegate of Minister to refuse protection visa due to character considerations; decision set aside and substituted with decision that the visa not be refused on character grounds. Candemir and Minister for Immigration [2017] AATA 531 (Member L. Bygrave, 21 April 2017) Merits review of decision of delegate of Minister to refuse to revoke cancellation of visa due to character considerations; decision set aside and substituted with decision that cancellation of visa be revoked. Zbib and Minister for Immigration [2017] AATA 412 (Deputy President JW Constance, 4 April 2017) Merits review of decision of delegate of Minister to refuse Partner visa due to character considerations; decision set aside and substituted with decision that the applicant is entitled to be granted a Partner visa. Lokuwithana v Minister for Immigration [2017] FCCA 176; (2017) 318 FLR 351 (Judge Jones; 2 February 2017) Judicial review of decision of AAT to affirm refusal of Temporary Business Entry (Class UC) visa; held that AAT acted outside jurisdiction when it conducted a hearing on 1 August 2014; decision made in August 2014 set aside. CDX16 v Minister for Immigration [2016] FCCA 2793; (2016) 313 FLR 331 (Judge Street, 28 October 2016) Judicial review of decision of AAT to affirm refusal of protection visa; held that AAT failed to give clear particulars of relevant information under s. 424A Migration Act, writs of certiorari and mandamus issued and decision set aside. BSYH and Minister for Immigration [2016] AATA 814 (Deputy President JW Constance, 17 October 2016) Merits review of decision of delegate of Minister to refuse approve grant of Australian citizenship by descent because of lack of identity of infant applicant; where father an Australian citizen but mother unable to be identified as birth mother; meaning of "identity"; decision to refuse citizenship set aside and substituted with decision that grant of Australian citizenship be approved. SZUNU v Minister for Immigration [2016] FCCA 2334; (2016) 312 FLR 422 (Judge Smith; 15 September 2016) Judicial review of decision of AAT to affirm refusal of protection visa; held that AAT failed to give clear particulars of relevant information under s. 424A Migration Act, writs of certiorari and mandamus issued and decision set aside. Tran v Minister for Immigration [2016] FCCA 2723 (Judge Cameron, 7 September 2016) Judicial review of decision of AAT to affirm refusal of Spouse visa; held that AAT failed to consider mandatory matter under reg. 1.15A(3) relating to whether the applicant and his sponsoring spouse lived together; decision set aside and matter remitted to AAT to be determined according to law. SZVZB v Minister for Immigration [2016] FCCA 1525; (2016) 310 FLR 487 (Judge Driver, 23 August 2016) Judicial review of decision of AAT to affirm refusal of protection visa; held that AAT failed comply with s 425 of Migration Act 1958 by failing to explain to applicant that a claim accepted by primary decision-maker would be in issue on review. Decision set aside and matter remitted to AAT to be determined according to law. SZUHX v Minister for Immigration [2016] FCCA 2169 (Judge Cameron, 11 August 2016) Judicial review of decision of AAT to affirm refusal of protection visa; held that AAT failed comply with s 425 of Migration Act 1958 and failed to consider all the evidence of applicant's conversion to Christianity in Australia. Decision set aside and matter remitted to AAT to be determined according to law. |