William Thomas Dunbar Milne v Minister for Immigration and Citizenship

[2011] HCASL 165

WILLIAM THOMAS DUNBAR MILNE
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2011] HCASL 165
M30/2011

1. The applicant seeks special leave to appeal against orders of the Full Court of the Federal Court of Australia (Ryan, Bennett and Edmonds JJ) dismissing the applicant's appeal against orders of a single judge of the Federal Court (Gray J).  Gray J had dismissed the applicant's application to set aside a decision of the Administrative Appeals Tribunal affirming the decision of a delegate of the Minister to cancel the applicant's visa on the ground that he did not pass the character test.

2. There was, and is, no dispute that the applicant did not pass the character test.  The issue which was agitated at first instance and on appeal in the Federal Court, and which the applicant would seek to renew in this Court, is whether the Tribunal had denied the applicant procedural fairness in concluding, as it did, that there was a risk that he would reoffend.  In the course of reaching that conclusion the Tribunal noted that the applicant had "not completed a sexual offender program or any meaningful rehabilitation or treatment".  Contrary to a submission of the applicant that was central to his application for special leave, the Tribunal's conclusion that there was a risk of reoffending was not founded upon any unwillingness in the applicant to undertake a sexual offender program or other rehabilitative course.  There was no want of procedural fairness in the Tribunal not raising with the applicant whether he was willing to undertake such a program or course.

3. An appeal to this Court would enjoy insufficient prospects of success to warrant a grant of special leave.

4. Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

K.M. Hayne
6 October 2011 S.M. Crennan