Recent Cases

GNRK v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 91 (24 May 2022) (Rangiah, Markovic and Snaden JJ)


Catchwords:


MIGRATION – appeal from an order of the Federal Court of Australia dismissing an application for judicial review – where the primary judge upheld a decision of the second respondent (Tribunal) to affirm a decision made by a delegate of the first respondent to refuse to grant a Bridging E visa to the appellant – where appellant had been sentenced to a term of imprisonment for four years and thus failed the character test – whether the primary judge ought to have found that the Tribunal’s conclusion that “any risk of similar conduct [by the appellant] was unacceptable” so overstated the seriousness of his criminal conduct that no reasonable decision maker could have made the same finding on the same evidence – whether the primary judge ought to have found that the Tribunal failed to engage with the appellant’s submissions and evidence concerning the best interests of his child – appeal dismissed