Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pearson v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 825 Review of: Pearson v Minister of Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 3527
File number: NSD 1158 of 2020
Judgment of: MARKOVIC J
Date of judgment: 22 July 2021
Catchwords: MIGRATION – application for review of a decision of the Administrative Appeals Tribunal (Tribunal) affirming decision of delegate of first respondent not to revoke cancellation of applicant's visa – where applicant does not pass character test under s 501 of the Migration Act 1958 (Cth) by reason of substantial criminal record – whether Tribunal undertook its own assessment of community expectations by reference to particular circumstances of the applicant – whether Tribunal erred in the weight it attributed to the nature and seriousness of the applicant's conduct – whether Tribunal omitted essential steps when undertaking weighing exercise of primary and other considerations – whether Tribunal failed to consider probative information or evidence which was relevant to its review or otherwise erred in its consideration of the risk to the Australian community – whether Tribunal failed to consider express representation or claim made by the applicant – whether such failure material – application dismissed
Legislation: Migration Act 1958 (Cth) ss 499, 501, 501CA
Cases cited: EVK18 v Minister for Home Affairs (2020) 274 FCR 598 FYBR v Minister for Home Affairs (2019) 272 FCR 454 Kwatra v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 58 Minister for Home Affairs v Buadromo (2018) 267 FCR 320 Minister for Home Affairs v Omar (2019) 272 FCR 589 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 Suleiman v Minister for Immigration and Border Protection [2018] FCA 594; (2018) 74 AAR 545 Viane v Minister for Immigration and Border Protection (2018) 263 FCR 531
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