Rodchompoo v Minister for Home Affairs [2018] FCAFC 215

Rodchompoo v Minister for Home Affairs [2018] FCAFC 215

The Full Court held that the appellant identified no error in the primary judge's reasons. The Tribunal had turned its mind to the required Direction 65 considerations and weighed the relevant factors; its adoption of much of the Minister's written submission did not show a constructive failure to exercise jurisdiction. No duty to make further inquiries arose, no mandatory relevant consideration was shown to have been ignored, no non-compliance with Direction 65 was established, and the Tribunal's decision was not legally unreasonable or irrational. The adjournment request was refused because the appellant had had adequate time to seek representation, no pro bono certificate was merited,...

Jurisdiction
Australia
Judgment Date
28 November 2018
Procedural Posture
Migration Appeal From Federal Court Judicial Review Decision / Appeal to the Full Court of the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['mandatory Visa Cancellation on Character Grounds' 'revocation of Visa Cancellation' 'judicial Review of Administrative Appeals Tribunal Decision' 'jurisdictional Error' 'legal Unreasonableness' 'adjournment']
['migration Law' 'administrative Law' 'constitutional Law'] ['mandatory Visa Cancellation on Character Grounds' 'revocation of Visa Cancellation' 'judicial Review of Administrative Appeals Tribunal Decision' 'jurisdictional Error' 'legal Unreasonableness' 'adjournment']

Case Brief

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Procedural Posture

Migration Appeal From Federal Court Judicial Review Decision / Appeal to the Full Court of the Federal Court of Australia

Legal Issues

  1. 1 ["Whether the primary judge erred in dismissing the judicial review application concerning the Tribunal's refusal to revoke cancellation of the appellant's visa." "Whether the Tribunal failed to genuinely consider relevant matters or constructively failed to discharge its statutory role by adopting much of the Minister's written submission." 'Whether the Tribunal was required to make further inquiries into factual matters concerning impediments on removal, guilty pleas, rehabilitation or other matters.' 'Whether the Tribunal failed to take into account mandatory relevant considerations or failed to comply with Ministerial Direction 65.' "Whether the Tribunal's decision was legally unreasonable, irrational or without rational foundation." "Whether the appellant's request for an adjournment to obtain legal representation should be granted."]

Ratio Decidendi

The Full Court held that the appellant identified no error in the primary judge's reasons. The Tribunal had turned its mind to the required Direction 65 considerations and weighed the relevant factors; its adoption of much of the Minister's written submission did not show a constructive failure to exercise jurisdiction. No duty to make further inquiries arose, no mandatory relevant consideration was shown to have been ignored, no non-compliance with Direction 65 was established, and the Tribunal's decision was not legally unreasonable or irrational. The adjournment request was refused because the appellant had had adequate time to seek representation, no pro bono certificate was merited,...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs, to be assessed if not agreed."]