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

The applicant, a New Zealand citizen with a lengthy criminal history in Australia, sought judicial review of a decision by the Migration Review Tribunal affirming the Minister's decision to cancel his visa on character grounds. The Tribunal's decision not to revoke the cancellation was based on the applicant's failure to establish another reason for revocation. The applicant argued that the Tribunal failed to address relevant matters, specifically, his potential impediments to rehabilitation if returned to New Zealand, including a lack of social support and alcohol dependency. The court examined whether the Tribunal failed to consider relevant matters and whether these matters clearly emerged from the materials or findings. The court found that the Tribunal correctly applied the relevant direction and considered the primary considerations, including the applicant's criminal history. Regarding the other considerations, the court held that the Tribunal was not required to consider matters not raised by the applicant or not material to the decision. The court concluded that the Tribunal's decision was not unreasonable and dismissed the application.

The court held that the Tribunal was not required to consider matters that were not raised by the applicant or were not material to the decision. The court found that the applicant had not discharged the onus of establishing that the Tribunal failed to consider the relevant impediments. The court held that the applicant must establish on the balance of probabilities that the Tribunal did not give active intellectual consideration to the relevant impediments. The court found that there was no clear evidence that the Tribunal failed to consider the applicant's potential impediments. The court concluded that the Tribunal's decision was not unreasonable and dismissed the application.