Evans v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCAFC 180

Evans v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCAFC 180

The Tribunal did not commit jurisdictional error because it had regard to Dr Sale's psychiatric report and considered the likelihood of re-offending; its finding that the risk of further harm to Mrs Flowers was real and substantial was not irrational or so unreasonable that no reasonable decision-maker could have reached it. Section 501(2) of the Migration Act 1958 (Cth) was an available independent power to cancel Mr Evans' absorbed person visa despite his residence in Australia for more than 10 years, and ss 200 and 201 did not restrict the operation of s 501.

Jurisdiction
Australia
Judgment Date
15 December 2006
Procedural Posture
Migration Appeal Concerning Cancellation of an Absorbed Person Visa on Character Grounds / Full Court Appeal From a Single Judge of the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['visa Cancellation on Character Grounds' 'absorbed Person Visa' 'jurisdictional Error' 'unreasonableness' 'relevant Considerations' 'deportation and Removal Powers']
['migration Law' 'administrative Law'] ['visa Cancellation on Character Grounds' 'absorbed Person Visa' 'jurisdictional Error' 'unreasonableness' 'relevant Considerations' 'deportation and Removal Powers']

Case Brief

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Procedural Posture

Migration Appeal Concerning Cancellation of an Absorbed Person Visa on Character Grounds / Full Court Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 ["Whether the Administrative Appeals Tribunal committed jurisdictional error by failing to consider Mr Evans' mental state at the time of the attempted murder when assessing the risk of re-offending." 'Whether s 501 of the Migration Act 1958 (Cth) was unavailable to cancel the absorbed person visa of a non-citizen who had been in Australia as a permanent resident for more than 10 years, having regard to ss 200 and 201 of the Act.']

Ratio Decidendi

The Tribunal did not commit jurisdictional error because it had regard to Dr Sale's psychiatric report and considered the likelihood of re-offending; its finding that the risk of further harm to Mrs Flowers was real and substantial was not irrational or so unreasonable that no reasonable decision-maker could have reached it. Section 501(2) of the Migration Act 1958 (Cth) was an available independent power to cancel Mr Evans' absorbed person visa despite his residence in Australia for more than 10 years, and ss 200 and 201 did not restrict the operation of s 501.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal is dismissed.' 'The appellant pay to the first respondent her costs of the appeal.']