Immigration – Visas – Where delegate refused application for Return (Residence) (Class BB) visa – Where ministerial direction stated principle that safety of Australian community is highest priority of Australian Government – Whether delegate misunderstood or misapplied principle – Whether principle required delegate to consider harm caused to plaintiff's family by plaintiff's absence as an aspect of safety of Australian community – Whether delegate's decision illogical or legally unreasonable – Whether delegate failed to consider medical evidence concerning effect of plaintiff's absence on wife's capacity to care for plaintiff's daughter.
Words and phrases – "best interests of minor children in Australia", "character test", "community safety principle", "constitutional writ", "expectations of the Australian community", "family violence", "highest priority", "illogical", "legally unreasonable", "primary considerations", "protection of the Australian community", "return visa", "safety of the Australian community", "strength, nature and duration of ties to Australia", "unacceptable risk of harm".
Migration Act 1958 (Cth), ss 347A, 338(7A), 476, 476A(1), 476B, 499(2A), 501(1).