VKTT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 94

VKTT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 94

The appeal was dismissed because the Tribunal's concern with the absence of a structured and actuarial approach to assessing the risk of reoffending was not determinative in its reasoning. The Tribunal's assessment of the expert evidence was justified given its age, lack of contemporaneous evidence, and absence of direct opinion on risk. The appellant was not denied procedural fairness, as he was aware of the relevant issues, had not called the expert to give updated evidence, and had presented weak evidence on the material question.

Jurisdiction
Australia
Judgment Date
04 June 2021
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
['visa Cancellation' 'procedural Fairness' 'character Test' 'judicial Review']
['migration Law' 'administrative Law'] ['visa Cancellation' 'procedural Fairness' 'character Test' 'judicial Review']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether the appellant was denied procedural fairness in the Tribunal's assessment of expert evidence" 'Whether procedural unfairness or practical injustice existed due to failure to put adverse material to expert']

Ratio Decidendi

The appeal was dismissed because the Tribunal's concern with the absence of a structured and actuarial approach to assessing the risk of reoffending was not determinative in its reasoning. The Tribunal's assessment of the expert evidence was justified given its age, lack of contemporaneous evidence, and absence of direct opinion on risk. The appellant was not denied procedural fairness, as he was aware of the relevant issues, had not called the expert to give updated evidence, and had presented weak evidence on the material question.

Court Disposition

Appeal dismissed with costs

Orders

  • ['The appeal be dismissed with costs']