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

Dunasemant has applied for judicial review of a decision of the Administrative Appeals Tribunal (AAT) that affirmed the decision of a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs not to exercise the discretion under section 501CA(4) to revoke a mandatory visa cancellation decision. Mr Dunasemant, a non-citizen who had been granted a visa, did not pass the character test. The Tribunal found that the primary considerations under the relevant Direction weighed heavily in favour of non-revocation, and that the first and third primary considerations significantly outweighed all other considerations. The Tribunal concluded that it could not exercise the discretion to revoke the cancellation of the visa. Mr Dunasemant contends that the Tribunal failed to take into account the effect of non-revocation on his mother when determining if it was satisfied there was “another reason” to revoke the cancellation decision. The Minister responds that the effect of non-revocation on Mr Dunasemant’s mother was not a relevant consideration for the Tribunal to take into account in making its decision. The court finds that the Tribunal’s failure to take into account the effect of non-revocation on Mr Dunasemant’s mother was not material and therefore did not amount to jurisdictional error. The application for judicial review is dismissed, and the applicant is ordered to pay the first respondent’s costs.