Kura v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1343

Kura v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1343

No Makasa issue arose because the Applicant's visa cancellation was triggered by his April 2017 convictions and sentence exceeding the statutory threshold, not by an impermissible re-exercise of a previously exhausted cancellation discretion. The Tribunal correctly found that the Applicant did not pass the character test under ss 501(6)(a) and 501(7)(c) of the Migration Act 1958 (Cth). The remaining complaints concerned the weight given to evidence of remorse, rehabilitation, abstinence from drugs and family hardship; the Tribunal had considered that material, its conclusions were open on the evidence, and no legal unreasonableness, apprehended bias, denial of natural justice or...

Jurisdiction
Australia
Judgment Date
03 November 2021
Procedural Posture
Application for Judicial Review of a Migration Decision / Application for Review of Administrative Appeals Tribunal Decision
Outcome
Application dismissed with costs.
Legal Topics
['visa Cancellation on Character Grounds' 'mandatory Cancellation' 'revocation Under S 501 Ca' 'jurisdictional Error' 'legal Unreasonableness' 'apprehended Bias' 'procedural Fairness']
['migration Law' 'administrative Law'] ['visa Cancellation on Character Grounds' 'mandatory Cancellation' 'revocation Under S 501 Ca' 'jurisdictional Error' 'legal Unreasonableness' 'apprehended Bias' 'procedural Fairness']

Case Brief

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Procedural Posture

Application for Judicial Review of a Migration Decision / Application for Review of Administrative Appeals Tribunal Decision

Legal Issues

  1. 1 ['Whether the Tribunal erred by failing to apply Minister for Immigration and Border Protection v Makasa [2021] HCA 1.' 'Whether the Tribunal misinterpreted or misapplied s 501 of the Migration Act 1958 (Cth).' "Whether the Tribunal failed to take relevant considerations into account, including the Applicant's abstinence from drug use, rehabilitation, evidence of remorse, and evidence of his partner." 'Whether the Tribunal displayed bias or prejudice or made a legally unreasonable decision.']

Ratio Decidendi

No Makasa issue arose because the Applicant's visa cancellation was triggered by his April 2017 convictions and sentence exceeding the statutory threshold, not by an impermissible re-exercise of a previously exhausted cancellation discretion. The Tribunal correctly found that the Applicant did not pass the character test under ss 501(6)(a) and 501(7)(c) of the Migration Act 1958 (Cth). The remaining complaints concerned the weight given to evidence of remorse, rehabilitation, abstinence from drugs and family hardship; the Tribunal had considered that material, its conclusions were open on the evidence, and no legal unreasonableness, apprehended bias, denial of natural justice or...

Court Disposition

Application dismissed with costs.

Orders

  • ["The Applicant's Application for review filed 23 June 2021 be dismissed." 'The Applicant pay the costs of the First Respondent in the sum of $6,500.']