Brown v Minister for Immigration and Border Protection [2015] FCAFC 141

FEDERAL COURT OF AUSTRALIA

Brown v Minister for Immigration and Border Protection [2015] FCAFC 141 Citation: Brown v Minister for Immigration and Border Protection [2015] FCAFC 141

Appeal from: Brown v Minister for Immigration and Border Protection [2015] FCA 75

Parties: DAVID CHARLES BROWN v MINISTER FOR IMMIGRATION AND BORDER PROTECTION

File number: NSD 169 of 2015

Judges: RARES, FLICK AND PERRY JJ

Date of judgment: 24 September 2015

Catchwords: MIGRATION – appeal from decision of Federal Court of Australia dismissing application for judicial review of Minister's personal decision to cancel appellant's visa under s 501(2) of the Migration Act 1958 (Cth) – where appellant had substantial criminal record as a result of conviction of shooting with intent to murder – where Minister found risk of reoffending was low, but great harm attached to that low risk should the appellant reoffend – whether Minister failed to give proper consideration to the best interests of the minor children as a primary consideration or to the risk to the Australian community posed by the appellant if visa not cancelled

Legislation: Migration Act 1958 (Cth) ss 30, 34, 499, 501 Direction No. 41 – Visa Refusal and Cancellation under s 501 Direction No. 55 – Visa Refusal and Cancellation under s 501

Cases cited: Attorney-General for the State of New South Wales v Quin (1990) 170 CLR 1 Ayoub v Minister for Immigration and Border Protection [2015] FCAFC 83 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; (2010) 243 CLR 164 Minister For Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister of State for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 Moana v Minister for Immigration and Border Protection [2015] FCAFC 54 NBMZ v Minister for Immigration and Border Protection [2014] FCAFC 38; (2014) 220 FCR 1 Perez v Minister for Immigration and Multicultural Affairs [2002] FCA 450; (2002) 119 FCR 454 Plaintiff S10/2011 v Minister for Immigration and Citizenship [2012] HCA 31; (2012) 246 CLR 636 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6; (2003) 214 CLR 1 Roesner v Minister for Immigration and Border Protection [2015] FCAFC 132 Tanielu v Minister for Immigration and Border Protection [2014] FCA 673; (2014) 225 FCR 424 Wan v Minister for Immigration and Multicultural Affairs [2001] FCA 568; (2001) 107 FCR 133 Convention on the Rights of the Child, opened for signature 20 November 1989, 1577 UNTS 3 (entered into force 2 September 1990)