DKN20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

The applicant, Mr DKN, a Moroccan national, sought judicial review of a decision of the Administrative Appeals Tribunal (AAT) which affirmed the delegate's decision not to revoke the mandatory cancellation of his visa on character grounds. The primary legal issues before the court were whether the AAT failed to properly consider the best interests of Mr DKN's minor child, whether the AAT failed to properly consider the medical evidence and therefore Mr DKN's mental health issues, and whether the AAT erred in assessing the seriousness of Mr DKN's offending and the impediments he would face if deported.

The court found that Mr DKN had not established that the AAT fell into jurisdictional error. The AAT had properly considered the best interests of the child by taking into account the child support payments made by Mr DKN. The AAT also properly considered the medical evidence by taking into account the medical records released under the Freedom of Information Act 1982. The AAT was not required to consider the medical records attached to Mr DKN's second affidavit as they were not before the AAT. The AAT also properly assessed the seriousness of Mr DKN's offending by considering the nature and frequency of the offending and the risk to the Australian community. The AAT also properly considered the impediments Mr DKN would face if deported by taking into account the impact on his loved ones.

The application for judicial review was dismissed. The applicant is to pay the costs of the first respondent as agreed or assessed.