Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Border Protection v Sabharwal [2018] FCAFC 160 Appeal from: Sabharwal v Minister for Immigration and Border Protection [2018] FCA 10
File number: NSD 159 of 2018
Judges: PERRAM, MURPHY AND LEE JJ
Date of judgment: 21 September 2018
Catchwords: MIGRATION – appeal from single judge of the Federal Court of Australia – application for Skilled (Residence) Class VB visa – Minister found applicant failed character test and refused visa – whether primary judge erred in finding that Minister's decision was vitiated by jurisdictional error – whether Minister's reasoning as to risk of reoffending under s 501(6)(d)(i) was illogical or irrational, or whether failed to give proper, genuine and realistic consideration to the link between applicant's alcohol consumption and offending – whether Minister overlooked, failed to consider or failed to give proper, genuine and realistic consideration to psychologist's report in exercising discretion to refuse to grant a visa– appeal upheld
Legislation: Acts Interpretation Act 1901 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) Migration Act 1958 (Cth)
Cases cited: Baker v Minister for Immigration and Citizenship [2012] FCAFC 145 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; (2017) 347 ALR 173 Coker v Minister for Immigration and Border Protection [2017] FCA 929 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; (2013) 230 FCR 431 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; (2016) 237 FCR 1 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; (2013) 212 FCR 99 Minister for Immigration and Multicultural Affairs v Wu Shang Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; (2004) 207 ALR 12 Muggeridge v Minister for Immigration and Border Protection [2017] FCAFC 200; (2017) 255 FCR 81 NBMZ v Minister for Immigration and Border Protection [2014] FCAFC 38; (2014) 220 FCR 1 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 [2003] HCA 30; (2003) 198 ALR 59 Sabharwal v Minister for Immigration and Border Protection [2018] FCA 10 Spruill v Minister for Immigration and Citizenship [2012] FCA 1401; (2012) 135 ALD 45 Tauariki v Minister for Immigration and Citizenship [2012] FCA 1408; (2012) 135 ALD 41
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate