CKT20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1546

CKT20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1546

The applicant did not establish legal error. The Tribunal considered the asserted impediments to return to Sudan or South Sudan, including lack of family support and possible homelessness, considered the applicant's family and cultural responsibilities in Australia, considered the likelihood of further criminal or serious conduct, and meaningfully engaged with the circumstances to which the applicant might be returned and possible prolonged detention. The grounds either were factually unsupported or sought impermissible merits review, so the AAT decision was not shown to be affected by reviewable error.

Jurisdiction
Australia
Judgment Date
27 October 2020
Procedural Posture
Migration Judicial Review / Application for Judicial Review of Administrative Appeals Tribunal Decision Affirming a Delegate's Decision Not to Revoke Mandatory Visa Cancellation
Outcome
Application dismissed with costs.
Legal Topics
['visa Cancellation on Character Grounds' 'revocation of Mandatory Visa Cancellation' 'judicial Review of Administrative Appeals Tribunal Decision' 'meaningful Consideration of Representations' 'direction No 79' 'non Refoulement Obligations' 'impediments If Removed' 'risk of Reoffending']
['migration' 'administrative Law'] ['visa Cancellation on Character Grounds' 'revocation of Mandatory Visa Cancellation' 'judicial Review of Administrative Appeals Tribunal Decision' 'meaningful Consideration of Representations' 'direction No 79' 'non Refoulement Obligations' 'impediments If Removed' 'risk of Reoffending']

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Procedural Posture

Migration Judicial Review / Application for Judicial Review of Administrative Appeals Tribunal Decision Affirming a Delegate's Decision Not to Revoke Mandatory Visa Cancellation

Legal Issues

  1. 1 ['Whether the Tribunal failed to consider that the applicant had no family in Sudan or South Sudan.' 'Whether the Tribunal failed to consider the possibility that the applicant would become homeless if returned to Sudan or South Sudan.' "Whether the Tribunal failed to consider the applicant's cultural entitlement to be a father figure to younger siblings and family in Australia." 'Whether the Tribunal failed properly to consider factors relating to the likelihood of the applicant engaging in further criminal or other serious conduct.' 'Whether DQM18 v Minister for Home Affairs [2020] FCAFC 110 required a conclusion that the Tribunal failed to perform the statutory task.']

Ratio Decidendi

The applicant did not establish legal error. The Tribunal considered the asserted impediments to return to Sudan or South Sudan, including lack of family support and possible homelessness, considered the applicant's family and cultural responsibilities in Australia, considered the likelihood of further criminal or serious conduct, and meaningfully engaged with the circumstances to which the applicant might be returned and possible prolonged detention. The grounds either were factually unsupported or sought impermissible merits review, so the AAT decision was not shown to be affected by reviewable error.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' "The applicant pay the first respondent's costs as agreed or taxed."]