GKD18 v Minister for Home Affairs [2020] FCA 1664

Federal Court of Australia

GKD18 v Minister for Home Affairs [2020] FCA 1664 Review of: XDJD and Minister for Immigration and Border Protection (Migration) [2018] AATA 4226

File number: VID 1597 of 2018

Judgment of: KERR J

Date of judgment: 17 November 2020

Catchwords: MIGRATION – visa cancellation on character grounds – application for review of decision of Administrative Appeals Tribunal affirming decision not to revoke visa cancellation pursuant to s 501CA(4) of the Migration Act 1958 (Cth) – where Tribunal placed significant weight on an inconsistency not put to the Applicant – whether procedural fairness required that the apparent inconsistency be put to the Applicant – consideration of National Disability Insurance Agency v WRMF [2020] FCAFC 79; 378 ALR 449 – where a possible partial explanation for the relevant inconsistency as the Applicant might have raised had the inconsistency been put to him arose on the materials before the Tribunal – jurisdictional error established – application upheld MIGRATION – visa cancellation on character grounds – application for review of decision of Administrative Appeals Tribunal affirming decision not to revoke visa cancellation pursuant to s 501CA(4) of the Migration Act 1958 (Cth) – where Tribunal found that the Applicant had a history of offending involving the use of knives – where Tribunal made an error of fact in respect of one offence in relation to which there was no evidence that a knife was involved – where history of other instances involving the use of knives not sufficient to establish that the Tribunal would necessarily have reached the same conclusion had the error of fact not been made – jurisdictional error established – application upheld