Renton v Minister for Home Affairs [2022] FCAFC 11

Federal Court of Australia

Renton v Minister for Home Affairs [2022] FCAFC 11 Appeal from: Renton v Minister for Home Affairs [2021] FCA 931

File number: NSD 939 of 2021

Judgment of: CHARLESWORTH, STEWART AND HALLEY JJ

Date of judgment: 14 February 2022

Catchwords: MIGRATION – mandatory cancellation of a visa under s 501(3A) of the Migration Act 1958 (Cth) – decision not to revoke cancellation under s 501CA(4) – where the Minister made a finding that the appellant has psychological sexual issues relating to children – whether expert evidence was required – whether leave should be granted to raise new grounds – where new grounds are either without merit or do not allege jurisdictional error – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 501, 501CA(4)

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 26

Date of hearing: 9 February 2022

Counsel for the Appellant: The appellant appeared in person

Counsel for the Respondent: Mr T Reilly

Solicitor for the Respondent: Minter Ellison

ORDERS NSD 939 of 2021

BETWEEN: JOHN WILLIAM RENTON Appellant

AND: MINISTER FOR HOME AFFAIRS Respondent

order made by: CHARLESWORTH, STEWART AND HALLEY JJ DATE OF ORDER: 14 February 2022

THE COURT ORDERS THAT:

1. The appeal be dismissed with costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

THE COURT:

Introduction 1 The appellant, Mr Renton, is a 68-year-old citizen of the United Kingdom. He arrived in Australia from England on 23 April 1961 by boat at the age of seven and has lived continuously in Australia. In the 61 years he has lived in this country, he has returned to the UK only once in 1989. Most recently, he resided here under a Class BF transitional (permanent) visa, which was granted on 1 September 1994. The evidence does not reveal why he did not become an Australian citizen despite such long residence in Australia. 2 On 4 May 2017, Mr Renton was convicted in the New South Wales District Court of various offences relating to the possession of more than 300,000 images of child pornography in respect of which he was sentenced in total to three years and seven months imprisonment with a non-parole period of two years. The sentencing judge's sentencing remarks referred to prior relevant convictions, namely that in 1987 Mr Renton received community service for an offence of committing an act of indecency with a person under 16 years and in 1994 he received a bond for an offence of wilful and obscene behaviour. Her Honour concluded that "there is evidently a sexual deviancy that has not been addressed." 3 By reason of having been sentenced to a term of imprisonment of more than 12 months, on 8 August 2018 Mr Renton's visa was cancelled pursuant to s 501(3A) of the Migration Act 1958 (Cth) by a delegate of the Minister for Home Affairs. Subsequently, Mr Renton made representations to have the visa cancellation revoked pursuant to s 501CA(4) of the Migration Act. Under that provision: The Minister may revoke the original decision if: (a) the person makes representations in accordance with the invitation; and (b) the Minister is satisfied: (i) that the person passes the character test (as defined by section 501); or (ii) that there is another reason why the original decision should be revoked. 4 On 1 September 2020, the Minister personally decided not to revoke cancellation of the appellant's visa. Mr Renton applied for judicial review of the Minister's decision not to revoke cancellation of his visa. That application was dismissed by the primary judge in Renton v Minister for Home Affairs [2021] FCA 931. Mr Renton now appeals from that decision.