Catchwords:

MIGRATION – application for leave to appeal on a fresh ground – whether the primary judge erred in failing to find that the Minister for Immigration and Citizenship committed a jurisdictional error by acting on an incorrect understanding of what was required by s 501BA of the Migration Act 1958 (Cth) – where the alleged incorrect understanding was that where the Minister relies on the same conviction and same sentence and the same material that was before the relevant Tribunal and thereafter reassesses those facts, without identifying error in the Tribunal’s reasons, the Minister failed to achieve the state of satisfaction required by s 501BA(2) and the decision constituted a mere reversal on the merits of the Tribunal’s decision – application dismissed