Federal Court of Australia
Federal Court of Australia
MKBL v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1827 Review of: MKBL and Minister for Home Affairs [2019] AATA 5292
File number: WAD 6 of 2020
Judgment of: JACKSON J
Date of judgment: 22 December 2020
Catchwords: MIGRATION - application for judicial review of decision of Administrative Appeals Tribunal - mandatory revocation of visa - failure of character test - applicant convicted of multiple sexual offences against children - convictions resulted from guilty pleas - Tribunal refused to take into account expert evidence because it could not 'look behind' element of an offence - consideration of element of intention in offence of 'grooming' under s 474.27 of the Criminal Code 1995 (Cth) - expert evidence not inconsistent with element of intention - Tribunal erred in not receiving expert evidence - expert evidence could realistically have resulted in different outcome - jurisdictional error established - other grounds dismissed - application allowed
Legislation: Criminal Code 1995 (Cth) ss 474.26, 474.27, 474.27A Migration Act 1958 (Cth) ss 499, 500, 501, 501CA Ministerial Direction No 79 - Visa refusal and cancellation under s 501 and revocation of a mandatory cancellation of a visa under s 501CA (Cth)
Cases cited: Chamoun v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 66 Collins v Minister for Immigration and Ethnic Affairs (1981) 58 FLR 407 Director of Public Prosecutions (Cth) v FM [2013] VSCA 129; (2013) 45 VR 64 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 HZCP v Minister for Immigration and Border Protection [2019] FCAFC 202; (2019) 273 FCR 121 Minister for Immigration and Border Protection v CPA16 [2019] FCAFC 40; (2019) 268 FCR 379 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Multicultural Affairs v Ali [2000] FCA 1385; (2000) 106 FCR 313 Uelese v Minister for Immigration and Border Protection [2015] HCA 15; (2015) 256 CLR 203
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