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Adefarakan v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 409

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MIGRATION - application for judicial review of a non-revocation decision of the Administrative Appeal Tribunal (AAT) - where the AAT failed to consider materials relevant to its inquiry, namely the applicant's rehabilitation progress relevant to his risk of harassing, molesting, stalking or intimidating a member of the Australian community - where the applicant unsuccessfully submitted that the AAT's reasoning was illogical and legally unreasonable, as it evaluated evidence of the applicant's rehabilitation more sceptically in its inquiry as to the risk he posed to the Australian community than when considering the impediments he would face if returned to his country of origin - where no issue of materiality - AAT decision set aside and the merits review to be conducted afresh - application upheld with costs

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