Kare Kare v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1643

Kare Kare v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1643

The Tribunal was not legally required to consider the probability of harm manifesting as alleged, and any failure to consider the deletion in the Sentencing Schedule was not material to the outcome and did not amount to jurisdictional error or legal unreasonableness.

Parties
Applicant: Jacobe Tipene Kare Kare; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
16 November 2020
Procedural Posture
Application for Judicial Review / Judgment at Final Hearing
Outcome
Application dismissed
Legal Topics
Visa Cancellation, Judicial Review, Jurisdictional Error, Character Test
Migration Law Administrative Law Visa Cancellation Judicial Review Jurisdictional Error Character Test

Case Brief

Summary, issues, holding and outcome

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Parties

Jacobe Tipene Kare Kare

Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Judicial Review / Judgment at Final Hearing

Legal Issues

  1. 1 Whether the Tribunal failed to consider relevant material.
  2. 2 Whether the Tribunal failed to consider a relevant consideration required by law.
  3. 3 Whether any failure was legally unreasonable and amounted to jurisdictional error.

Ratio Decidendi

The Tribunal was not legally required to consider the probability of harm manifesting as alleged, and any failure to consider the deletion in the Sentencing Schedule was not material to the outcome and did not amount to jurisdictional error or legal unreasonableness.

Court Disposition

Application dismissed

Orders

  • The application be dismissed.
  • The applicant pay the first respondent's costs of the application.