CBM19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1832

FEDERAL COURT OF AUSTRALIA

CBM19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1832 Review of: ZKYX and Minister for Home Affairs [2019] AATA 1414

File number: QUD 413 of 2019

Judge: LOGAN J

Date of judgment: 28 October 2019

Catchwords: MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision to refuse the applicant's visa on character grounds – where the applicant applied for a Bridging visa while his Protection visa application was being considered – where the application for a Bridging visa was refused on character grounds – where the applicant had been sentenced to 12 months' imprisonment wholly suspended – whether the applicant could have a substantial criminal record as defined in s 501(7)(c) of the Migration Act 1958 (Cth) when his prison sentence was wholly suspended – whether the Tribunal's decision was unreasonable because it did not treat the applicant's case like allegedly similar cases – whether the Tribunal erred in referring to the applicant's unsuccessful Protection visa application – whether the Tribunal committed a jurisdictional error by not accepting allegedly similar AAT cases with which the applicant tried to provide it at the hearing – whether the Tribunal failed to make an obvious inquiry – whether the Tribunal erred in undertaking an assessment of the future risk the applicant presented

Legislation: Migration Act 1958 (Cth) ss 500, 501

Cases cited: Brown v Minister for Immigration and Citizenship (2010) 183 FCR 113 Cheung v Administrative Appeals Tribunal (2009) 176 FCR 20 DNCW and Minister for Immigration and Citizenship [2010] AATA 610 HBDV and Minister for Home Affairs [2018] AATA 4409 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Border Protection v SZIAI (2009) 83 ALJR 1123 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Pinder and Minister for Home Affairs [2019] AATA 1398 R (on the application of Gallaher Group Ltd and Ors) v Competition and Markets Authority [2019] AC 96 Singh (Migration) [2017] AATA 850 Uelese v Minister for Immigration and Border Protection (2015) 256 CLR 203