Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cotterill v Minister for Immigration and Border Protection [2016] FCAFC 61 Appeal from: Cotterill v Minister for Immigration and Border Protection [2015] FCA 802
File number: VID 437 of 2015
Judge: NORTH, KENNY AND PERRY JJ
Date of judgment: 14 April 2016
Catchwords: MIGRATION – appeal from single Judge of Federal Court of Australia – cancellation of absorbed person visa under s 501(2) of Migration Act 1958 (Cth) – appellant convicted of serious offence and did not pass character test – exercise of discretion under s 501(2) – whether jurisdictional errors in decision of Minister – Held: failure to take into account relevant consideration that appellant faced possible indefinite detention if visa cancelled, amounting to jurisdictional error – appeal allowed.
Legislation: Acts Interpretation Act 1901 (Cth) s 25D Migration Act 1958 (Cth) ss 501(2), (6), (7), 501G(1)(e) Sentencing Act 1991 (Vic) s 6AAA Sex Offenders Registration Act 2004 (Vic) s 34(1)(b)
Cases cited: Ayoub v Minister for Immigration and Border Protection (2015) 231 FCR 513; [2015] FCAFC 83 Gbojueh v Minister for Immigration and Border Protection [2015] FCAFC 43 Lam v Minister for Immigration and Multicultural Affairs [1999] AATA 56 Le v Minister for Immigration and Border Protection [2015] FCA 1018 Minister for Aboriginal Affairs v Peko-Wallsend (1986) 162 CLR 24; [1986] HCA 40 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437; [2014] FCAFC 1 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 30 Mrayhej v Minister for Immigration and Border Protection (No 2) [2015] FCA 691 NBMZ v Minister for Immigration and Border Protection (2014) 220 FCR 1; [2014] FCAFC 38 NBNB v Minster for Immigration and Border Protection [2014] FCAFC 39; 220 FCR 44 Summers v Repatriation Commission [2015] FCAFC 36; 230 FCR 179 Te Puke v Minister for Immigration and Border Protection (2015) 230 FCR 499; [2015] FCA 398
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