GNRK v Minister For Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 91

Federal Court of Australia

GNRK v Minister For Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 91 Appeal from: GNRK v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 932

File number: NSD 925 of 2021

Judgment of: RANGIAH, MARKOVIC AND SNADEN JJ

Date of judgment: 24 May 2022

Catchwords: MIGRATION – appeal from an order of the Federal Court of Australia dismissing an application for judicial review – where the primary judge upheld a decision of the second respondent (Tribunal) to affirm a decision made by a delegate of the first respondent to refuse to grant a Bridging E visa to the appellant – where appellant had been sentenced to a term of imprisonment for four years and thus failed the character test – whether the primary judge ought to have found that the Tribunal's conclusion that "any risk of similar conduct [by the appellant] was unacceptable" so overstated the seriousness of his criminal conduct that no reasonable decision maker could have made the same finding on the same evidence – whether the primary judge ought to have found that the Tribunal failed to engage with the appellant's submissions and evidence concerning the best interests of his child – appeal dismissed

Legislation: Migration Act 1958 (Cth) s 501(1)

Cases cited: Bettencourt v Minister for Immigration Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 172 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41; 96 ALJR 13 NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 VQAB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 104