The Second Decision - Ground 2 (Improper Exercise of Power)
The basis of this ground was that the respondent's decision
under s.180A(1) to refuse Mr. Irving a visa on the grounds
that he was not of good character by reason of:
(a) the adverse comments of Immigration Adjudicator
Thompson;
(b) the adverse comments of Mitchell J.;
(c) the deporatation from Canada; and
(d) the expulsion order served on Mr. Irving by the
German authorities;
was an improper exercise of the power conferred by that
section in that the respondent, by taking into account those
four matters, took into account irrelevant consideratons
within the meaning of ss.5(1)(e) and 5(2)(a) of the ADJR Act
or, in the alternative, failed to take into account relevant
considerations within the meaning of s.5(2)(b) of the ADJR
Act.
The complaints raised under this heading are essentially the
same as those advanced as Grounds 1, 2 and 3 in respect of the
first decision. This ground is rejected for the reasons which
I have set out earlier in these reasons in respect of those
grounds. No particulars were given of the relevant
considerations which it was alleged the respondent had failed
to take into account.
The
original plaintext version
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