Shi v Minister for Immigration and Citizenship [2012] FCAFC 116

Shi v Minister for Immigration and Citizenship [2012] FCAFC 116

The AAT considered the courses undertaken by Mr Shi in detention but was entitled to treat them as not relevant under clause 11(3)(f)(ii) because there was no demonstrated link between those courses and employment opportunities or other activities amounting to a positive contribution to the Australian community. Since other considerations under Direction 41 are required to be considered only where relevant, the AAT made no error and the primary judge did not err in refusing leave to rely on the proposed amended originating application.

Jurisdiction
Australia
Judgment Date
23 August 2012
Procedural Posture
Migration Appeal / Appeal From Federal Court Decision Refusing Leave to File and Rely Upon a Proposed Amended Originating Application and Dismissing the Application
Outcome
Appeal dismissed with costs.
Legal Topics
['visa Cancellation Under S 501 of the Migration Act 1958 (cth)' 'character Test' 'ministerial Direction 41' 'relevant Considerations' 'administrative Appeals Tribunal Review']
['migration Law' 'administrative Law'] ['visa Cancellation Under S 501 of the Migration Act 1958 (cth)' 'character Test' 'ministerial Direction 41' 'relevant Considerations' 'administrative Appeals Tribunal Review']

Case Brief

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Procedural Posture

Migration Appeal / Appeal From Federal Court Decision Refusing Leave to File and Rely Upon a Proposed Amended Originating Application and Dismissing the Application

Legal Issues

  1. 1 ['Whether the Administrative Appeals Tribunal failed to take into account efforts made by the appellant to improve his education as an "other consideration" under clause 11(3)(f)(ii) of Direction 41.' 'Whether the primary judge erred in refusing leave to rely on the proposed amended originating application alleging that failure.']

Ratio Decidendi

The AAT considered the courses undertaken by Mr Shi in detention but was entitled to treat them as not relevant under clause 11(3)(f)(ii) because there was no demonstrated link between those courses and employment opportunities or other activities amounting to a positive contribution to the Australian community. Since other considerations under Direction 41 are required to be considered only where relevant, the AAT made no error and the primary judge did not err in refusing leave to rely on the proposed amended originating application.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs."]