Gater v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 104

Federal Court of Australia

Gater v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 104 File number: VID 62 of 2020

Judgment of: WHEELAHAN J

Date of judgment: 16 February 2021

Catchwords: MIGRATION – application for judicial review of Minister's decision to cancel visa pursuant to s 501(2) of the Migration Act 1958 (Cth) – where applicant convicted of criminal offences and sentenced to seven years' imprisonment – where Minister found that applicant had a very low risk of reoffending but that reoffending could cause harm to Australian community, and that the Australian community would afford applicant significant leniency in expecting whether applicant should hold a visa – whether Minister's findings were incompatible – whether Minister's findings affected by jurisdictional error because lacked intelligible justification and demonstrated legal unreasonableness – no such jurisdictional error – application dismissed

Legislation: Migration Act 1958 (Cth) ss 477A(2), 501(2), (6) and (7)

Cases cited: Attorney-General (NSW) v Quin [1990] HCA 21; 170 CLR 1 Brown v Minister for Immigration and Border Protection [2015] FCAFC 141; 235 FCR 88 CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146; 253 FCR 496 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; 267 FCR 628 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Moana v Minister for Immigration and Border Protection [2015] FCAFC 54; 230 FCR 367