Cowgill v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

The applicant, a long-term Australian resident with a substantial criminal record, challenged the Administrative Appeals Tribunal's (AAT) decision to affirm the Minister's decision not to revoke the cancellation of his visa. The applicant argued that the Tribunal failed to consider relevant evidence, particularly the views of his minor child, and did not comply with Ministerial Direction 90. The Federal Court was required to determine whether the AAT's decision was legally sound and whether it complied with statutory requirements.

The key legal issues were whether the Tribunal erred in not considering the applicant's daughter's views, and whether the Tribunal complied with Ministerial Direction 90. The Court noted that the Tribunal had a statutory obligation to consider the best interests of minor children, including their known views, as per Direction 90. The applicant's 13-year-old daughter had written a letter supporting his case, which was before the Tribunal. Despite this, the Tribunal did not discuss or weigh her views in its decision. Additionally, the Court found that the Tribunal did not adequately consider other factors such as the applicant's mental health issues, his participation in rehabilitation programs, and the risk of reoffending.

The Court held that the Tribunal's failure to consider the daughter's letter, in breach of Direction 90, was a material error. The Court also found that the Tribunal did not properly weigh the other considerations, leading to an unbalanced decision. Consequently, the Court set aside the AAT's decision and remitted the matter back to the AAT for reconsideration in accordance with the law.

The Court's orders were that the AAT's decision be set aside and the matter be remitted to the AAT to be decided according to law. This decision underscores the importance of considering all relevant factors, particularly those pertaining to the best interests of children, in immigration and visa cancellation cases.