Federal Court of Australia
Federal Court of Australia
Adefarakan v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 409 Review of: Adefarakan v Minister for Immigration, Citizenship and Multicultural Affairs [2023] AATA 4216
File number: NSD 2 of 2024
Judgment of: BROMWICH J
Date of judgment: 23 April 2024
Catchwords: MIGRATION – application for judicial review of a non-revocation decision of the Administrative Appeal Tribunal (AAT) – where the AAT failed to consider materials relevant to its inquiry, namely the applicant's rehabilitation progress relevant to his risk of harassing, molesting, stalking or intimidating a member of the Australian community – where the applicant unsuccessfully submitted that the AAT's reasoning was illogical and legally unreasonable, as it evaluated evidence of the applicant's rehabilitation more sceptically in its inquiry as to the risk he posed to the Australian community than when considering the impediments he would face if returned to his country of origin – where no issue of materiality – AAT decision set aside and the merits review to be conducted afresh – application upheld with costs
Legislation: Migration Act 1958 (Cth) ss 501, 501CA(4)(b)(ii) Migration Amendment (Aggregate Sentences) Act 2023 (Cth) Ministerial Direction No. 99 paras 8.1.2(2)(b)(ii), 9.2(1)
Cases cited: Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Pearson v Minister for Home Affairs [2022] FCAFC 203; 295 FCR 177 Plaintiff M1-2021 v Minister for Home Affairs [2022] HCA 17; 275 CLR 582
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