Ogbonna v Minister for Immigration and Border Protection [2018] FCA 620

FEDERAL COURT OF AUSTRALIA

Ogbonna v Minister for Immigration and Border Protection [2018] FCA 620 File number: NSD 461 of 2017

Judge: THAWLEY J

Date of judgment: 7 May 2018

Catchwords: MIGRATION – visa cancellation pursuant to s 501(3A) of the Migration Act 1938 (Cth) – decision not to revoke cancellation decision pursuant to s 501CA(4) – where there was no dispute that the applicant failed the character test for the purposes of s 501CA(4)(b)(i) because he had a substantial criminal record – where the Minister was not satisfied there was another reason for revoking the cancellation decision pursuant to s 501CA(4)(b)(ii) – where the Minister found that the applicant posed a risk to the Australian public because there was a likelihood, albeit a low likelihood, that he would re-offend in a "similar fashion" by knowingly taking part in the supply of a large commercial quantity of drugs – where the sole identified factor which led to the Minister's conclusion that there was a positive likelihood of re-offending was the fact that the applicant's (drug) rehabilitation had not been tested for a significant period outside of a custodial environment – where the Minister made express findings which weighed in favour of a conclusion that the risk of the applicant re-offending was low – whether the Minister's conclusion that there was a likelihood of re-offending was reasonably formed MIGRATION – whether the Minister failed to consider, or failed "properly" to consider, the effect of his decision not to revoke the applicant's visa cancellation on the applicant's ability to have further children with his wife – where there was material before the Minister indicating that the applicant had stored his semen to enable him to have children in the future – where the Minister dealt with the issue at a similar level of generality and specificity with which it can be found in the material provided by the applicant