RQRP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 266

Federal Court of Australia

RQRP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 266 Review of: Application for Judicial Review: RQRP and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 437

File number: WAD 87 of 2020

Judgment of: MCKERRACHER J

Date of judgment: 24 March 2021

Catchwords: MIGRATION – unreasonableness – application for review of a decision of the Administrative Appeals Tribunal affirming a decision to cancel the applicant's visa pursuant to s 501(2) of the Migration Act 1958 (Cth) – whether the Tribunal's conclusion that there was a moderate risk of reoffending was unreasonable – in circumstances where the applicant had not committed an offence since 2012 MIGRATION – application of ministerial directions – whether the Tribunal misapplied Direction No 79 when assessing the nature of the harm to the Australian community should the applicant reoffend – where the Tribunal considered the harm that 'could' occur instead of the harm that 'would' occur – whether the Tribunal engaged in speculation not based in evidence before it

Legislation: Migration Act 1958 (Cth) ss 499, 501(2), 501(6), 501(7)(c)

Cases cited: Chan v Minister for Immigration and Border Protection [2018] FCA 1323 CQG15 v Minister for Immigration and Border Protection (2016) 253 FCR 496; [2016] FCAFC 146 DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2: (2018) 258 FCR 175 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611; [2010] HCA 16 Minister for Immigration and Border Protection v SZUXN (2016) 69 AAR 210; [2016] FCA 516 PQSM v Minister for Home Affairs [2020] FCAFC 125 Tsvetnenko v United States of America (2019) 269 FCR 225; [2019] FCAFC 74 Weti-Safwan v Minister for Immigration and Border Protection [2018] FCA 1761