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

• Jurisdiction: Australia Federal only
• Judgment Date: 19 August 2022
• Neutral Citation: [2022] FCA 962
• Date: 19 August 2022
• Court: Federal Court

Federal Court of Australia

RVJB v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 962

File number:	VID 299 of 2021
Judgment of:	BROMBERG J
Date of judgment:	19 August 2022
Catchwords:	MIGRATION – s 501(1) of the Migration Act 1958 (Cth) – where the applicant sought judicial review of the decision of the Minister to refuse to grant the applicant a protection visa – where AAT found in relation to the applicant’s protection visa application that the applicant was not “a danger to the Australian community” within the meaning of s 36(1C) of the Act and made factual findings concerning the risk of the applicant reoffending – where, in dealing with the same application by the applicant for a protection visa, the Minister exercising power under s 501(1) made findings of fact as to the risk of the applicant reoffending which were inconsistent with the findings made by the AAT – whether the Minister was bound not to depart from the AAT’s factual findings without evident and intelligible justification – whether and to what extent, the scheme of the Act and in particular the scheme for decision-making under s 65(1) of the Act requires factual consistency being maintained across the intermediate decisions required to be considered in the decision-making process under s 65(1) of the Act – whether the facts found by the Minister inconsistent with those found by the AAT were facts critical to the Minister’s decision to refuse the application for a protection visa – where the applicant also claimed the Minister’s decision was based on unreasonable or illogical findings and failed to give proper, genuine and realistic consideration of evidence on the risk of reoffending, the consequences for the applicant and on Australia’s international reputation if visa refused – appeal dismissed.
Legislation:	Migration Act 1958 (Cth) ss 4, 5H, 29(1), 30, 35A, 36(1C), 45(1), 46, 47, 65, 197C, 198, 425, 473DA, 476A, 499, 500, 501, 501A
Cases cited:	Ali v Minister for Home Affairs (2020) 278 FCR 627 AXT19 v Minister for Home Affairs [2020] FCAFC 32 BCR16 v Minister for Immigration and Border Protection (2017) 248 FCR 456 BFM16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 312 BHL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 277 FCR 420 EPU19 v Minister for Home Affairs [2020] FCA 541 FYBR v Minister for Home Affairs (2019) 272 FCR 454 Graham v Minister for Immigration and Border Protection (2017) 263 CLR 1 Hands v Minister for Immigration and Border Protection (2018) 267 FCR 628 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Ibrahim v Minister for Immigration and Multicultural Affairs [2000] FCA 1309; (2000) 63 ALD 37 KDSP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 279 FCR 1 KDSP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] HCA 24; (2021) 392 ALR 186 KXXH v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 111 Minister for Home Affairs v Brown (2020) 275 FCR 188 Minister for Immigration and Border Protection v Makasa (2021) 270 CLR 430 Minister for Immigration and Border Protection v Sabharwal [2018] FCAFC 160 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs and Another v BFW20 by his Litigation Representative BFW20A (2020) 279 FCR 475 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v EBD20 [2021] FCAFC 179 Navarette v Minister for Immigration, Multicultural and Indigenous Affairs [2004] FCA 1723 Nejad v Minister for Immigration and Multicultural Affairs (1997) 79 FCR 153 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 96 ALJR 497 Plaintiff M47/2012 v Director-General of Security (2012) 251 CLR 1 Plaintiff S111 v Minister for Immigration and Border Protection (2018) 263 FCR 310 Plaintiff S297/2013 v Minister for Immigration and Border Protection (2014) 255 CLR 179 Re WKCG and Minister for Immigration and Citizenship [2009] AATA 512; (2009) 110 ALD 434 Segal and Another v Waverly Council (2005) 64 NSWLR 177 Soboleva v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 353 SZLDG v Minister for Immigration and Citizenship (2008) 166 FCR 230 WKMZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs and Another (2021) 285 FCR 463 WZATX v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1262
Division:	General Division
Registry:	Victoria
National Practice Area:	Administrative and Constitutional Law and Human Rights
Number of paragraphs:	89
Date of hearing:	10 September 2021
Counsel for the Applicant:	Mr A Yuile
Solicitor for the Applicant:	Victoria Legal Aid
Counsel for the Respondent:	Mr G Hill SC
Solicitor for the Respondent:	Australian Government Solicitor

ORDERS

		VID 299 of 2021
BETWEEN:	RVJB Applicant
AND:	MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULUTRAL AFFAIRS Respondent

order made by:	BROMBERG J
DATE OF ORDER:	19 August 2022

THE COURT ORDERS THAT:

1. The applicant’s application is dismissed.

2. The applicant pay the respondent’s costs of the application.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

BROMBERG J:

1. The applicant seeks judicial review of a decision of the respondent (Minister) made under s 501(1) of the Migration Act 1958 (Cth) to refuse to grant him a protection visa.

Background

2. The applicant arrived in Australia with his mother and two younger brothers in 2006 on a refugee (class XB) (subclass 200) visa (refugee visa) which entitled him to permanent residence in Australia. He was born in what is now the nation of South Sudan. The applicant has a history of criminal offending and convictions dating from March 2011 to April 2017. In 2011 the applicant was convicted of ten offences including robbery, assault with intent to rob and assault occasioning actual bodily harm. The applicant did not receive custodial sentences for any of these convictions. In 2012 the applicant was convicted of five offences including robbery, assault with intent to rob, escaping policy custody and, most significantly, aggravated robbery on 18 June 2012 for which he received a...