Berryman v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 599

Federal Court of Australia

Berryman v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 599 Review of: Berryman and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 421

File number: NSD 314 of 2020

Judgment of: BANKS-SMITH J

Date of judgment: 24 May 2022

Catchwords: MIGRATION - review of decision of Administrative Appeals Tribunal affirming decision of a delegate not to revoke the mandatory cancellation of the applicant's visa - where representation made that offending caused by schizophrenia which was now managed by change in medication so diminishing the risk of reoffending - where applicant submitted risk of reoffending was low - where Tribunal found risk of reoffending was high, having regard to history of non-compliance by applicant with medical treatment regime, his history of drug use, and the risk of continued drug use - whether Tribunal erred by failing to properly identify, understand and evaluate the representation - no error in Tribunal's consideration of representation established - application refused

Legislation: Migration Act 1958 (Cth) ss 501, 501CA, 499

Cases cited: AYY17 v Minister for Immigration and Border Protection [2018] FCAFC 89; (2018) 261 FCR 503 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26 Minister for Home Affairs v Omar [2019] FCAFC 188; (2019) 272 FCR 589 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17