Paerau v Minister for Immigration and Border Protection [2014] FCAFC 28

FEDERAL COURT OF AUSTRALIA

Paerau v Minister for Immigration and Border Protection [2014] FCAFC 28 Citation: Paerau v Minister for Immigration and Border Protection [2014] FCAFC 28

Appeal from: Paerau v Minister for Immigration and Border Protection [2013] FCA 1119

Parties: ITI PAERAU v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL

File number(s): NSD 2358 of 2013

Judge(s): BUCHANAN, BARKER AND PERRY JJ

Date of judgment: 19 March 2014

Catchwords: MIGRATION – Where visa cancelled pursuant to s 501(2) of the Migration Act 1958 (Cth) due to substantial criminal record – Where decision maker required to comply with Ministerial Direction to take into account as a primary consideration the best interests of minor children – Where appellant prevented from providing oral evidence at the hearing of the Administrative Appeals Tribunal regarding his relationship with children – Whether valid application by Tribunal of ss 500(6H) and (6J) of the Migration Act 1958 (Cth) – Whether the Tribunal erred in finding that it could not make a determination as to where the best interests of the children lay – Whether Tribunal required to make a determination on the question

Legislation: Migration Act 1958 (Cth), ss 499, 500(1), 500(6H), 500(6J), 501, 501(2), 501(6), 501(7) Migration Legislation Amendment (Strengthening of Provisions Relating to Character and Conduct) Act 1998 (No. 2) (Cth) Convention on the Rights of the Child, opened for signature 20 November 1989, 1577 UNTS 3 (entered into force 2 September 1990) Ministerial Direction No. 55 – Visa refusal and cancellation under s501 (Cth), cl 9.3