MQGT v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 141

MQGT v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 141

Leave to raise the new grounds was refused because the proposed grounds had insufficient merit. It was open to the Tribunal to characterise the appellant's offending as frequent, increasingly serious, and culminating in the armed robbery and common assault offences, and to treat the cumulative effect of the repeated offending as very serious. It was also open to the Tribunal to conclude that the risk of further offending was unacceptable, given the seriousness of potential harm, the appellant's history of drugs and offending in the community, the risk of relapse and re-engagement with antisocial peers, and his history of continuing to offend after suspended sentences. The appellant's...

Jurisdiction
Australia
Judgment Date
22 August 2023
Procedural Posture
Migration Appeal From Dismissal of Judicial Review of Administrative Appeals Tribunal Decision Affirming Non Revocation of Mandatory Visa Cancellation / Full Court Appeal; Application for Leave to Raise New Grounds Not Argued Before the Primary Judge
Outcome
Leave to rely on the new grounds was refused; appeal dismissed with costs.
Legal Topics
['mandatory Visa Cancellation on Character Grounds' 'revocation Under S 501 Ca(4) of the Migration Act 1958 (cth)' 'legal Unreasonableness' 'illogical or Irrational Reasoning' 'leave to Raise New Grounds on Appeal' 'direction No. 90' 'protection of the Australian Community' 'expectations of the Australian Community' 'non Refoulement Obligations']
['migration Law' 'administrative Law'] ['mandatory Visa Cancellation on Character Grounds' 'revocation Under S 501 Ca(4) of the Migration Act 1958 (cth)' 'legal Unreasonableness' 'illogical or Irrational Reasoning' 'leave to Raise New Grounds on Appeal' 'direction No. 90' 'protection of the Australian Community' 'expectations of the Australian Community' 'non Refoulement Obligations']

Case Brief

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Procedural Posture

Migration Appeal From Dismissal of Judicial Review of Administrative Appeals Tribunal Decision Affirming Non Revocation of Mandatory Visa Cancellation / Full Court Appeal; Application for Leave to Raise New Grounds Not Argued Before the Primary Judge

Legal Issues

  1. 1 ['Whether leave should be granted to the appellant to raise new grounds of judicial review on appeal that were not argued before the primary judge.' "Whether the Tribunal's conclusion that protection and expectations of the Australian community outweighed considerations favouring revocation was legally unreasonable, illogical or irrational." "Whether the Tribunal irrationally or unreasonably characterised the appellant's offending as frequent, increasingly serious, and culminating in armed robbery and common assault offences." 'Whether the Tribunal irrationally or unreasonably concluded that there remained an unacceptable risk of further offending despite evidence and findings concerning low risk in the absence of risk factors and prospects of rehabilitation.']

Ratio Decidendi

Leave to raise the new grounds was refused because the proposed grounds had insufficient merit. It was open to the Tribunal to characterise the appellant's offending as frequent, increasingly serious, and culminating in the armed robbery and common assault offences, and to treat the cumulative effect of the repeated offending as very serious. It was also open to the Tribunal to conclude that the risk of further offending was unacceptable, given the seriousness of potential harm, the appellant's history of drugs and offending in the community, the risk of relapse and re-engagement with antisocial peers, and his history of continuing to offend after suspended sentences. The appellant's...

Court Disposition

Leave to rely on the new grounds was refused; appeal dismissed with costs.

Orders

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