Onyebuchi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1183

Federal Court of Australia

Onyebuchi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1183 Review of: Administrative Appeals Tribunal decision in file number 2019/4846 delivered on 29 October 2019

File number(s): VID 1313 of 2019

Judgment of: ANDERSON J

Date of judgment: 19 August 2020

Catchwords: MIGRATION – applicant pleaded guilty in the Supreme Court of Queensland to one offence of importing a commercial quantity of a border controlled drug contrary to ss 307.1(1) and 11.2(1) of the Criminal Code (Cth) – delegate of Minister cancelled the applicant's visa on the basis that the applicant did not pass character test because of the operation of s 501(6)(a) (substantial criminal record) and s 501(7)(c) (sentenced to a term of imprisonment of 12 months or more) of the Migration Act 1958 (Cth) MIGRATION – applicant self-represented – poorly cast, generalised grounds – reading purported grounds for substance rather than form – Tribunal's decision was not affected by unreasonableness and was not made on basis of insufficient evidence – no denial of procedural fairness – no jurisdictional error demonstrated – application dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), ss 33A(1), 43C and 44 Criminal Code (Cth), ss 11.2(1) and 307.1(1) Federal Court Rules 2011 (Cth), rr 4.12 and 4.17(b) Legal Services Directions 2017 (Cth), Schedule 1 Migration Act 1958 (Cth), ss 5E, 474, 474A, 476A, 477, 477A, 499, 500, 501(1), 501(3A), 501(6)(a), 501(7)(c), 501CA(4)