Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Border Protection v Eden [2016] FCAFC 28 Appeal from: Eden v Minister for Immigration and Border Protection [2015] FCA 780
File number(s): QUD 679 of 2015
Judge(s): ALLSOP CJ, GRIFFITHS AND WIGNEY JJ
Date of judgment: 9 March 2016
Catchwords: MIGRATION – judicial review of Minister's decision to cancel respondent's visa on character grounds pursuant to s 501(2) of the Migration Act 1958 (Cth) – where respondent was convicted of a sexual offence and sentenced to a term of imprisonment wholly suspended – where respondent was a citizen of New Zealand but had developed ties to Australia – whether the Minister's exercise of discretion was legally unreasonable – whether the primary judge's decision correctly characterised the Minister's decision as legally unreasonable – whether the Minister's delay in cancelling the respondent's visa could be a factor in determining unreasonableness – whether the characterisation of the offence as "very serious" amounts to unreasonableness – Appeal allowed
Legislation: Migration Act 1958 (Cth), ss 4(1), 501(2), 501(6)(a), 501(7), 501G(1)(e)
Cases cited: Associated Provincial Picture Houses, Limited v Wednesbury Corporation [1948] 1 KB 223 Attorney-General for the State of New South Wales v Quin (1990) 170 CLR 1 Brown v Minister for Immigration and Citizenship (2010) 183 FCR 113 Dinsdale v The Queen (2000) 202 CLR 321 M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Moana v Minister for Immigration and Border Protection (2015) 230 FCR 367 R v Secretary of State for the Home Department, ex parte Doody [1994] 1 AC 531 R v Secretary of State for the Home Department, ex parte Handscomb (1988) 86 Cr App R 59 R v Zamagias [2002] NSWCCA 17
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