De Veyra v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1292

De Veyra v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1292

The Tribunal did not make its own assessment of Australian community expectations. It correctly treated the expectations as those specified in Direction no. 79 and undertook the required contextual evaluation of the weight to be given to that primary consideration. The Tribunal was entitled to consider the nature of the applicant's offending when assessing the weight of community expectations, even though that material was also relevant to protection of the Australian community. Its reasons disclosed an intelligible justification and no jurisdictional error was established.

Jurisdiction
Australia
Judgment Date
27 October 2021
Procedural Posture
Application for Judicial Review of an Administrative Appeals Tribunal Migration Decision / Federal Court Application Dismissed
Outcome
Application dismissed.
Legal Topics
['visa Cancellation' 'revocation of Mandatory Visa Cancellation' 'jurisdictional Error' 'direction No. 79' 'expectations of the Australian Community' 'weight of Mandatory Considerations']
['migration' 'administrative Law'] ['visa Cancellation' 'revocation of Mandatory Visa Cancellation' 'jurisdictional Error' 'direction No. 79' 'expectations of the Australian Community' 'weight of Mandatory Considerations']

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Procedural Posture

Application for Judicial Review of an Administrative Appeals Tribunal Migration Decision / Federal Court Application Dismissed

Legal Issues

  1. 1 ['Whether the Administrative Appeals Tribunal erred in its assessment of the weight to be applied to the primary consideration of the expectations of the Australian community under Direction no. 79.' 'Whether the Tribunal impermissibly made its own assessment of Australian community expectations rather than applying the expectations stated in Direction no. 79.' 'Whether the Tribunal double counted or re-applied matters already considered under other mandatory considerations when assessing the weight to be given to community expectations.']

Ratio Decidendi

The Tribunal did not make its own assessment of Australian community expectations. It correctly treated the expectations as those specified in Direction no. 79 and undertook the required contextual evaluation of the weight to be given to that primary consideration. The Tribunal was entitled to consider the nature of the applicant's offending when assessing the weight of community expectations, even though that material was also relevant to protection of the Australian community. Its reasons disclosed an intelligible justification and no jurisdictional error was established.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.' 'The applicant pay the costs of the first respondent to be assessed by a registrar on a lump sum basis if not agreed.']