Salter v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2054

Salter v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2054

The Tribunal's failure to ask Ms Allingham direct questions about the risk posed by Mr Salter to his children was not legally unreasonable. In context, the risk to the children had been an issue from the primary decision, Ms Allingham had provided a statement and gave oral evidence, the appellant was represented and did not suggest further lines of inquiry, the Tribunal had limited time and adopted an appropriate approach of attentive listening on a sensitive subject. The Tribunal's reasons disclosed a rational evaluative judgment that Mr Salter's continued presence in Australia posed risks to the children and their mother that outweighed the benefits of his contribution to their welfare....

Jurisdiction
Australia
Judgment Date
18 November 2019
Procedural Posture
Migration Appeal From a Judgment of the Federal Circuit Court Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision Affirming Cancellation of a Visa Under S 116(1)(e)(ii) of the Migration Act 1958 (cth) / Appeal to the Federal Court of Australia
Outcome
Appeal dismissed.
Legal Topics
['visa Cancellation' 'legal Unreasonableness' 'jurisdictional Error' 'administrative Appeals Tribunal Review' 'risk to Health or Safety' 'domestic Violence Related Offences']
['migration Law' 'administrative Law'] ['visa Cancellation' 'legal Unreasonableness' 'jurisdictional Error' 'administrative Appeals Tribunal Review' 'risk to Health or Safety' 'domestic Violence Related Offences']

Case Brief

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Procedural Posture

Migration Appeal From a Judgment of the Federal Circuit Court Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision Affirming Cancellation of a Visa Under S 116(1)(e)(ii) of the Migration Act 1958 (cth) / Appeal to the Federal Court of Australia

Legal Issues

  1. 1 ["Whether the Federal Circuit Court erred in failing to find that the Tribunal's failure to ask Ms Kym Allingham direct questions about the risk posed by the appellant to his children was legally unreasonable." 'Whether that alleged failure resulted in the Tribunal constructively failing to exercise its jurisdiction to review the visa cancellation decision under s 116(1)(e)(ii) of the Migration Act 1958 (Cth).']

Ratio Decidendi

The Tribunal's failure to ask Ms Allingham direct questions about the risk posed by Mr Salter to his children was not legally unreasonable. In context, the risk to the children had been an issue from the primary decision, Ms Allingham had provided a statement and gave oral evidence, the appellant was represented and did not suggest further lines of inquiry, the Tribunal had limited time and adopted an appropriate approach of attentive listening on a sensitive subject. The Tribunal's reasons disclosed a rational evaluative judgment that Mr Salter's continued presence in Australia posed risks to the children and their mother that outweighed the benefits of his contribution to their welfare....

Court Disposition

Appeal dismissed.

Orders

  • ['The name of the first respondent be changed to Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs.' 'The appeal be dismissed.' "The appellant pay the first respondent's costs, of and incidental to the appeal, to be taxed if not agreed."]