Jattan v Minister for Immigration, Citizenship and Multicultural Affairs

The case of Jattan v Minister for Immigration, Citizenship and Multicultural Affairs involved the applicant challenging the decision of the Administrative Appeals Tribunal (AAT) not to revoke a visa cancellation decision. The dispute centred on the application of section 501CA of the Migration Act 1958 (Cth) and Ministerial Direction 99, which sets out the policy considerations for visa cancellation decisions. The key issues were whether the AAT properly considered the relevant factors outlined in Direction 99, particularly the likelihood of the applicant reoffending, and whether the AAT's decision was affected by jurisdictional error due to its consideration of certain offences that were not regarded as convictions under state law.

The court found that while the AAT had considered the likelihood of the applicant reoffending, its finding was devoid of clarity and content. The AAT's reference to the likelihood of reoffending being 'no different to what it was at the time of his most recent removal from the Australian community' did not clarify when that time was or what the likelihood was. The court noted that the AAT did not refer to the sentencing judge's assessment of the applicant as being at a high risk of reoffending, which was a relevant consideration under Direction 99. This omission rendered the AAT's finding insufficient and thus, its decision was affected by jurisdictional error.

As a result, the Federal Court allowed the application for judicial review. The court quashed the AAT's decision and mandated the AAT to reconsider the applicant's application for review, ensuring it is constituted differently. Additionally, the court ordered the Minister to pay the applicant's costs of the application.