Doves v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1281

Federal Court of Australia

Doves v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1281 Review of: Doves and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 367

File number: QUD 100 of 2020

Judgment of: COLLIER J

Date of judgment: 22 October 2021

Catchwords: MIGRATION – where applicant's visa mandatorily cancelled under s 501 of the Migration Act 1958 (Cth) – where applicant has lengthy criminal history in Australia – risk to the Australian community posed by applicant should applicant reoffend – whether in considering the risk the Tribunal was required to have regard to, cumulatively, the nature of the harm to the Australia community – whether Tribunal required to make specific findings, rather than general findings, about nature of harm and likelihood of reoffending for each different type of offence

Legislation: Direction No. 79 – Visa refusal and cancellation under s501 and revocation of a mandatory cancellation of a visa under s501CA

Cases cited: BSJ16 v Minister for Immigration and Border Protection (2017) 252 FCR 82; [2017] FCAFC 78 Chen v Minister for Immigration and Border Protection [2017] FCA DKN20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1158 DKN20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 97 KDSP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 279 FCR 1; [2020] FCAFC 108 Minister for Home Affairs v Buadromo (2018) 267 FCR 320; [2018] FCAFC 151 Tanielu v Minister for Immigration and Border Protection (2014) 225 FCR 424; [2014] FCAFC 673 WAD230/2014 v Minister for Immigration and Border Protection (No 2) [2015] FCA 705