BVLD v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 6

BVLD v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 6

The Tribunal's findings about possible psychological or emotional effect on the applicant's daughter were reasonably open on the material before it and supported by permissible inference; and its reasoning concerning the applicant's credibility concerning his account to a psychologist was not irrational or self-contradictory. Accordingly, neither ground of judicial review was made out.

Parties
Applicant: BVLD; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
15 January 2021
Procedural Posture
Judicial Review Application / Final Judgment Application Dismissed
Outcome
Application for judicial review dismissed with costs
Legal Topics
Visa Cancellation, Character Test, Judicial Review, Tribunal Review, Evidentiary Basis, Illogicality and Irrationality, Domestic Violence, Best Interests of the Child
Migration Law Administrative Law Visa Cancellation Character Test Judicial Review Tribunal Review Evidentiary Basis Illogicality and Irrationality +2 more

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Parties

BVLD

Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Judicial Review Application / Final Judgment Application Dismissed

Legal Issues

  1. 1 Whether the Tribunal made findings concerning psychological or emotional impact on the applicant's daughter without probative evidence
  2. 2 Whether the Tribunal's reasoning was illogical or irrational regarding the applicant's account to a psychologist and his credibility

Ratio Decidendi

The Tribunal's findings about possible psychological or emotional effect on the applicant's daughter were reasonably open on the material before it and supported by permissible inference; and its reasoning concerning the applicant's credibility concerning his account to a psychologist was not irrational or self-contradictory. Accordingly, neither ground of judicial review was made out.

Court Disposition

Application for judicial review dismissed with costs

Orders

  • The application for judicial review be dismissed.
  • The applicant pay the first respondent's costs of and incidental to the application.