QDQY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1394

FEDERAL COURT OF AUSTRALIA

QDQY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1394 Review of: QDQY and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 125

File number: VID 171 of 2020

Judgment of: ANASTASSIOU J

Date of judgment: 16 November 2021

Catchwords: MIGRATION – mandatory cancellation of visa on character grounds pursuant to s 501(3A) of the Migration Act 1958 (Cth) – representations made seeking revocation of the cancellation decision under s 501CA(4) of the Migration Act – Administrative Appeals Tribunal decided not to revoke the cancellation decision – whether Tribunal engaged in an active intellectual process regarding claim of generalised violence and deteriorating living conditions in Iraq – whether there was a mere recitation of, or passing reference to, the 'clearly expressed' representation – whether representation was 'objectively significant' – genuine and proper evaluation of Applicant's claim – whether Tribunal bound by rules of evidence – whether Tribunal relied on untested and uncorroborated hearsay evidence contained in South Australian Police (SAPOL) records in evaluating risk of recidivism and finding that the Applicant represented an unacceptable risk of harm to the Australian community – whether reliance on SAPOL records prejudicially impacted the Tribunal's reasoning – application dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 33(1)(c) Migration Act 1958 (Cth), ss 501(3A), 501(6)(a), 501(7)(c), 501CA(4) Ministerial Direction 79 – Visa refusal and cancellation under s 501 and revocation of a mandatory cancellation of a visa under s 501CA