HZCP v Minister for Immigration and Border Protection [2019] FCAFC 202 (21 November 2019) (McKerracher, Derrington and Colvin JJ)


Catchwords:


MIGRATION – where the appellant’s visa was cancelled on character grounds under s 501(3A) of the Migration Act 1958 (Cth) – decision not to revoke cancellation decision pursuant to s 501CA(4) of the Act – appeal from an application for judicial review of a decision of the Administrative Appeals Tribunal – whether the Tribunal’s decision affected by an error of law – discussion of authorities and principles relevant to whether the Tribunal may look behind or impugn the conviction or sentence – where the conviction or sentence is a precondition to the exercise of power – where the appellant’s evidence to the Tribunal was inconsistent with the essential findings of the sentencing judge – whether the Tribunal made findings of fact that were irrational or illogical – jurisdictional error not established

Held: appeal dismissed