Hatewar v. Minister for Immigration and Citizenship

Catchwords

Migration – plaintiff permanent visa holder – convictions in 2020 for two counts of common assault (family violence) in a single incident against wife and son – plaintiff travelled to India in 2022 – application for Return (Residence) (Class BB) visa refused by delegate under s 501(1) Migration Act 1958 (Cth) – plaintiff did not pass character test – delegate required to comply with Ministerial Direction 110 (Direction) – whether delegate misunderstood and/or misapplied operation principle 5.2(2) of Direction - whether appropriate appreciation of human consequences for family – whether decision legally unreasonable – whether failure to consider relevant medical material and paragraph 8.4 of Direction