Ross v Minister for Immigration, Citizenship and Multicultural Affairs

The applicant, Ross, sought judicial review of a decision of the Administrative Appeals Tribunal (AAT) that affirmed a decision of a delegate of the Minister for Immigration, Citizenship, and Multicultural Affairs to not revoke the mandatory cancellation of his visa. The primary legal issues were whether the AAT misunderstood or misapplied a mandatory consideration, specifically the impact on Australian business interests, and whether the AAT omitted to consider evidence relevant to the risk of recidivism.

The court found that the AAT had erred by failing to properly consider the impact on Australian business interests. The AAT incorrectly concluded that this consideration was not relevant because it was not related to a major project or important service. The court held that the business interests consideration is not limited to such projects and that the AAT should have considered the applicant’s qualifications and employment prospects in the scaffolding industry, as evidenced by his former employer. Additionally, the AAT erred in its assessment of the risk of recidivism. The AAT misunderstood the consideration of risk of recidivism, failing to properly account for prospective risk and evidence provided by the applicant. The court found that the AAT's conclusion that the applicant's risk of recidivism was "unknown" but "no different" from the time of his most recent removal was illogical and unsupported by the evidence.

The court quashed the AAT's decision and ordered it to redetermine the application in accordance with the law. Furthermore, the court directed the Minister to pay the applicant’s costs as agreed or assessed.