Rachel Francois and Yvonne Wong were successful in their recent appearance in the Federal Court of Australia for the Minister for Immigration: BPBR v Minister for Immigration and Multicultural Affairs [2024] FCA 1289 (8 November 2024).

Ms BPBR had applied to the Court for judicial review of a decision of the then Administrative Appeals Tribunal which had affirmed a decision of the Minister’s delegate to cancel Ms BPBR’s Class BB Subclass 155 Five Year Resident Return (Permanent) visa because she did not pass the character test due to several serious drug offence convictions.

In summary, Justice Raper dismissed Ms BPBR’s application because: (i) the Tribunal did not deny Ms BPBR procedural fairness in determining that she posed a risk of re-offending; (ii) the Tribunal did not fail to consider the consequences for Ms BPBR and her then unborn child if her visa remained cancelled, and (iii) the Tribunal did not fail to consider the interests of any minor children at the time of its decision. In dismissing the first ground, her Honour undertook a detailed and helpful analysis of the level to which a decision-maker must put an applicant on notice of the issues upon which the decision is likely to turn.

Read the full judgement here.