Coderre v Minister for Immigration and Border Protection [2014] FCA 769

Coderre v Minister for Immigration and Border Protection [2014] FCA 769

The Minister did assess and take into account the risk that the applicant might re-offend, proceeding on the basis that the risk was low or on the low side while also considering the seriousness of potential harm if re-offending occurred. The Court also considered that the Minister was not obliged to treat the risk of re-offending as a mandatory relevant consideration. Because the risk was considered, there was no breach of procedural fairness, and the refusal was not legally unreasonable, plainly unjust, illogical or irrational in the relevant sense. No jurisdictional error was established.

Jurisdiction
Australia
Judgment Date
25 July 2014
Procedural Posture
Application for Judicial Review Seeking Constitutional Writs in Relation to Refusal of a Bridging E (class We) Visa Under S 501(1) of the Migration Act 1958 (cth) / Judgment on Application for Judicial Review
Outcome
Application dismissed.
Legal Topics
['section 501 Character Test' 'bridging Visa Refusal' 'jurisdictional Error' 'mandatory Relevant Considerations' 'procedural Fairness' 'legal Reasonableness' 'risk of Re Offending']
['migration Law' 'administrative Law' 'judicial Review'] ['section 501 Character Test' 'bridging Visa Refusal' 'jurisdictional Error' 'mandatory Relevant Considerations' 'procedural Fairness' 'legal Reasonableness' 'risk of Re Offending']

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Procedural Posture

Application for Judicial Review Seeking Constitutional Writs in Relation to Refusal of a Bridging E (class We) Visa Under S 501(1) of the Migration Act 1958 (cth) / Judgment on Application for Judicial Review

Legal Issues

  1. 1 ['Whether the Minister failed to assess and take into account the likelihood or risk that the applicant might re-offend.' 'Whether the risk that the applicant might re-offend was a mandatory relevant consideration in the exercise of the discretion under s 501(1) of the Migration Act 1958 (Cth).' 'Whether any failure to assess and take into account the risk of re-offending breached the rules of procedural fairness.' "Whether the Minister's decision breached the legal standard of reasonableness."]

Ratio Decidendi

The Minister did assess and take into account the risk that the applicant might re-offend, proceeding on the basis that the risk was low or on the low side while also considering the seriousness of potential harm if re-offending occurred. The Court also considered that the Minister was not obliged to treat the risk of re-offending as a mandatory relevant consideration. Because the risk was considered, there was no breach of procedural fairness, and the refusal was not legally unreasonable, plainly unjust, illogical or irrational in the relevant sense. No jurisdictional error was established.

Court Disposition

Application dismissed.

Orders

  • ["The applicant's application for judicial review be dismissed."]