Khalil v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1134

Federal Court of Australia

Khalil v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1134 Review of: Khalil and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 4592

File number: WAD 263 of 2020

Judgment of: MURPHY J

Date of judgment: 21 September 2021

Catchwords: MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal to affirm a decision to refuse to grant a visa on character grounds under s 501of the Migration Act 1958 (Cth) – whether the Tribunal erred by not accepting an expert opinion without impugning the expert's credibility, methodology or the facts upon which it was based – whether the Tribunal failed to engage with a substantial, clearly articulated point based on established facts or denied the applicant procedural fairness – whether the Tribunal's reasoning shows illogicality or exposes a lack of any intelligible justification for the decision – application dismissed

Legislation: Migration Act 1958 (Cth) ss 499, 501, 501(1), 501(6)(a), 501(7)(c), 501CA

Cases cited: Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 347 ALR 173 DCP16 v Minister for Immigration and Border Protection [2019] FCAFC 91 JKPM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1293; 171 ALD 277 Khalil v Minister for Home Affairs [2019] FCAFC 151; 271 FCR 326 Minister for Immigration and Border Protection v Sabharwal [2018] FCAFC 160 Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; 243 CLR 164 R v Matheson [1958] 1 WLR 474 SZRTN v Minister for Immigration and Border Protection [2014] FCA 303; 141 ALD 395 SZRTN v Minister for Immigration and Border Protection [2014] FCAFC 129 Taylor v The Queen (1978) 45 FLR 343 YKSB v Minister for Home Affairs [2020] FCA 476