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

In the case of QDQY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, the Applicant, a citizen of Iraq, challenged the decision of the Administrative Appeals Tribunal to not revoke a mandatory visa cancellation on character grounds. The Applicant had previously been granted a protection visa and a resident return visa, but after being convicted of drug-related offences, his visa was cancelled under section 501(3A) of the Migration Act 1958 (Cth). The Applicant sought to have the cancellation revoked by the Tribunal, citing his fears for his safety if returned to Iraq and his involvement in volunteer work in Australia.

The legal issues before the court were whether the Tribunal had engaged in an active intellectual process regarding the Applicant's claims of generalised violence and deteriorating living conditions in Iraq, and whether the Tribunal had genuinely and properly evaluated the Applicant's claim. The court was also asked to consider whether the Tribunal was bound by rules of evidence and whether it prejudicially relied on uncorroborated hearsay evidence from South Australian Police records.

The court found that the Tribunal had engaged in an active intellectual process regarding the Applicant's claims and had genuinely and properly evaluated his claim. The court held that the Tribunal was not bound by rules of evidence and was entitled to consider all relevant material, including hearsay evidence. The court found that the Tribunal's reliance on the South Australian Police records did not prejudicially impact its reasoning and that the Tribunal had appropriately considered the risk of recidivism and the risk of harm to the Applicant if returned to Iraq.

Accordingly, the court dismissed the Applicant's application and ordered that the Applicant pay the Minister's costs of and incidental to the application.