Renton v Minister for Home Affairs [2021] FCA 931

Federal Court of Australia

Renton v Minister for Home Affairs [2021] FCA 931 File number(s): NSD 1037 of 2020

Judgment of: WHEELAHAN J

Date of judgment: 10 August 2021

Catchwords: MIGRATION – application for judicial review of a decision of the Minister under s 501CA(4) of the Migration Act 1958 (Cth) not to revoke the cancellation of the applicant's visa – where the visa was mandatorily cancelled pursuant to s 501(3A) of the Act because the applicant did not pass the character test – where the applicant pleaded guilty and was convicted of two child pornography offences and sentenced to a term of imprisonment – whether the Minister made a finding, for which there was no evidence, that the applicant had psychological sexual issues relating to children – whether that finding was legally unreasonable – whether the applicant was denied procedural fairness because the Minister's finding of psychological sexual issues was not obviously open on the material – whether the Minister took into account an irrelevant consideration, being that the applicant received a 25% discount on his sentence in consequence of his guilty pleas – the finding of psychological sexual issues was open on the material and not legally unreasonable – in consequence, no denial of procedural fairness – the matter of a discount on the applicant's sentence was not an irrelevant consideration – no jurisdictional error – application dismissed with costs.

Legislation: Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 476A(1)(c), s 499, ss 501(3A), (5), (7), s 501CA, s 501CA(4), s 501G(1)(e) Migration Reform (Transitional Provisions) Regulations 1994 (Cth)

Cases cited: Australian Retailers Association v Reserve Bank of Australia [2005] FCA 1707; 148 FCR 446 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Federal Broom Co Pty Ltd v Semlitch (1964) 110 CLR 626 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; 267 FCR 628 Military Rehabilitation and Compensation Commission v May [2016] HCA 19; 257 CLR 468 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 Minister for Home Affairs v Omar [2019] FCAFC 188; 272 FCR 589 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; 207 ALR 12 Mount Isa Mines Ltd v Pusey (1970) 125 CLR 383 Picard v Minister for Immigration and Border Protection [2015] FCA 1430 R v Australian Broadcasting Tribunal; ex parte 2HD Pty Ltd (1979) 144 CLR 45 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152 Tame v New South Wales [2002] HCA 35; 211 CLR 317