RVJB v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 962

Federal Court of Australia

RVJB v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 962 File number: VID 299 of 2021

Judgment of: BROMBERG J

Date of judgment: 19 August 2022

Catchwords: MIGRATION – s 501(1) of the Migration Act 1958 (Cth) – where the applicant sought judicial review of the decision of the Minister to refuse to grant the applicant a protection visa – where AAT found in relation to the applicant's protection visa application that the applicant was not "a danger to the Australian community" within the meaning of s 36(1C) of the Act and made factual findings concerning the risk of the applicant reoffending – where, in dealing with the same application by the applicant for a protection visa, the Minister exercising power under s 501(1) made findings of fact as to the risk of the applicant reoffending which were inconsistent with the findings made by the AAT – whether the Minister was bound not to depart from the AAT's factual findings without evident and intelligible justification – whether and to what extent, the scheme of the Act and in particular the scheme for decision-making under s 65(1) of the Act requires factual consistency being maintained across the intermediate decisions required to be considered in the decision-making process under s 65(1) of the Act – whether the facts found by the Minister inconsistent with those found by the AAT were facts critical to the Minister's decision to refuse the application for a protection visa – where the applicant also claimed the Minister's decision was based on unreasonable or illogical findings and failed to give proper, genuine and realistic consideration of evidence on the risk of reoffending, the consequences for the applicant and on Australia's international reputation if visa refused – appeal dismissed.