The Federal Court dismissed a judicial review challenge to an Administrative Review Tribunal decision affirming mandatory visa cancellation under s 501(3A) of the Migration Act. The Court held that the Tribunal did not deny procedural fairness by taking into account the applicant's self-reported mental health symptoms (anxiety and depressed mood) as a factor in assessing recidivist risk, as the applicant was on notice that his mental health was in issue and the Tribunal was not required to give notice of the particular reasoning it might adopt. The Court further held that the Tribunal's use of the term 'psychopathological' to describe the applicant's symptoms, while awkwardly worded, did not constitute legal unreasonableness or a misapplication of evidence, as the Tribunal was referring to specific symptoms identified in the sentencing remarks and the applicant's own oral evidence, and was entitled to evaluate those symptoms as a factor in its risk assessment under Direction 110.
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