QDQY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

[2021] FCA 1394

Federal Court of Australia16 November 2021

Built by Barristers,
For Australian Law.

1. Migration
2. › Visa cancellation
3. › Mandatory cancellation on character grounds under s 501(3A)
1. Migration
2. › Revocation of cancellation
3. › Active intellectual engagement with representations under s 501CA(4)
1. Migration
2. › Non-refoulement obligations
3. › Generalised violence and deteriorating living conditions
1. Administrative law
2. › Judicial review
3. › Adequacy of reasons and consideration of significant claims

A Tribunal discharges its obligation of active intellectual engagement under s 501CA(4) where it accepts representations about the risk of harm (including generalised violence and deteriorating living conditions), makes findings informed by country information, and weighs those matters in the balance — it is not required to make detailed findings on every element of a representation that is not contentious before it.
The Administrative Appeals Tribunal is not bound by the rules of evidence (s 33(1)(c) AAT Act), and reference to untested police records does not constitute jurisdictional error where those records are not relied upon as the factual basis for assessing future risk and the Tribunal's reasoning is principally founded on matters the subject of convictions.
Whether a representation is 'objectively significant' requiring explicit findings depends on the manner in which the case was put to the Tribunal, including the parties' written contentions, and a reviewing court must guard against elevating a passing statement into a clearly articulated claim requiring separate resolution.