Rawsthorne v Minister for Immigration & Citizenship [2013] FCAFC 39

FEDERAL COURT OF AUSTRALIA

Rawsthorne v Minister for Immigration & Citizenship [2013] FCAFC 39 Citation: Rawsthorne v Minister for Immigration & Citizenship [2013] FCAFC 39

Appeal from: Rawsthorne v Minister for Immigration & Citizenship [2012] FCA 1217

Parties: CAMERON RAWSTHORNE v MINISTER FOR IMMIGRATION & CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL

File number: NSD 1933 of 2012

Judges: COWDROY, KATZMANN & FARRELL JJ

Date of judgment: 22 April 2013

Catchwords: ADMINISTRATIVE LAW – Administrative Appeals Tribunal – visa cancellation on character grounds – s 501(2) of the Migration Act 1958 (Cth) – Direction No 41 made by Minister under s 499 of the Migration Act – discretion – whether primary judge erred in holding that AAT not required to consider cumulative effect of relevant matters and did in any event do so – whether leave should be granted for appellant to argue new ground – whether AAT misconstrued the Direction by giving excessive weight to the risk of reoffending.

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 43(1) Migration Act 1958 (Cth) ss 499, 501 Direction (No. 41) – Visa Refusal and Cancellation Under s 501

Cases cited: Minister for Immigration and Citizenship v Obele (2010) 119 ALD 358 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Yum! Restaurants Australia Pty Ltd v Full Bench of Fair Work Australia (2012) 205 FCR 306 Soliman v University of Technology, Sydney (2012) 207 FCR 277 Baker v Minister for Immigration and Citizenship [2012] FCAFC 145 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 Metwally v University of Wollongong (1985) 60 ALR 68 Water Board v Moustakas (1988) 180 CLR 491 Rosson v Minister for Immigration and Citizenship (2011) 191 FCR 390 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280