VCBP v Minister for Home Affairs [2019] FCA 1738

VCBP v Minister for Home Affairs [2019] FCA 1738

The Tribunal did not commit jurisdictional error. It had sufficient rationally probative material to find that the applicant, as a United Kingdom citizen, would have access to professional mental health support services through the NHS, and it was not obliged to make further enquiries. The Tribunal also considered Ms Gee's 5 February 2019 report, expressly referred to her reports and evidence, and was entitled to give weight to other factors, including the applicant's serious reoffending soon after an earlier revocation decision. Any complaint about the weight given to the psychologist reports did not disclose jurisdictional error.

Jurisdiction
Australia
Judgment Date
24 October 2019
Procedural Posture
Application for Judicial Review of a Migration Decision / Federal Court Application for Judicial Review of an Administrative Appeals Tribunal Decision Affirming a Delegate's Decision Not to Revoke Mandatory Visa Cancellation
Outcome
Application dismissed.
Legal Topics
['judicial Review' 'jurisdictional Error' 'mandatory Visa Cancellation' 'revocation Under S 501 Ca(4)' 'character Cancellation' 'administrative Appeals Tribunal' 'mental Health Evidence' 'reasonable Enquiries']
['migration Law' 'administrative Law'] ['judicial Review' 'jurisdictional Error' 'mandatory Visa Cancellation' 'revocation Under S 501 Ca(4)' 'character Cancellation' 'administrative Appeals Tribunal' 'mental Health Evidence' 'reasonable Enquiries']

Case Brief

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Procedural Posture

Application for Judicial Review of a Migration Decision / Federal Court Application for Judicial Review of an Administrative Appeals Tribunal Decision Affirming a Delegate's Decision Not to Revoke Mandatory Visa Cancellation

Legal Issues

  1. 1 ['Whether the Tribunal failed to make reasonable enquiries about the availability of appropriate mental health services in the United Kingdom for the applicant.' 'Whether the Tribunal failed to consider the report dated 5 February 2019 of clinical psychologist Ms Donna Gee.' "Whether the Tribunal erred by preferring or referring to an earlier report of Dr Aaron Cunningham over Ms Gee's later report when assessing risk of reoffending."]

Ratio Decidendi

The Tribunal did not commit jurisdictional error. It had sufficient rationally probative material to find that the applicant, as a United Kingdom citizen, would have access to professional mental health support services through the NHS, and it was not obliged to make further enquiries. The Tribunal also considered Ms Gee's 5 February 2019 report, expressly referred to her reports and evidence, and was entitled to give weight to other factors, including the applicant's serious reoffending soon after an earlier revocation decision. Any complaint about the weight given to the psychologist reports did not disclose jurisdictional error.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.' "The applicant pay the first respondent's costs of and incidental to the application."]