Taulahi v Minister for Immigration and Border Protection [2016] FCAFC 177

FEDERAL COURT OF AUSTRALIA

Taulahi v Minister for Immigration and Border Protection [2016] FCAFC 177 File numbers: NSD 585 of 2016 NSD 872 of 2016 SAD 164 of 2016

Judges: KENNY, FLICK AND GRIFFITHS JJ

Date of judgment: 14 December 2016

Catchwords: MIGRATION – Mr Taulahi's visa cancelled under s 501(3) of the Migration Act 1958 (Cth) – character grounds – failure to take into account legal consequences of cancellation decision – where passing character test is a condition for revocation of cancellation – futility of making representations MIGRATION – Mr Taulahi's and Mr Carrascalao's visas cancelled – whether cancellation in the national interest pursuant to s 501(3)(d) – formation of reasonable suspicion – has been or is a member of a group which has been or is involved in criminal conduct – misconstruction of legislative provisions – jurisdictional error MIGRATION – power to provide information to visa holder – whether s 503A prohibits disclosure – natural justice not to apply – limited circumstances in which Minister can disclose s 503A information – no misconstruction of disclosure powers ADMINISTRATIVE LAW – legal nature of a suspended sentence – whether Minister misunderstood the character of a sentence not involving imprisonment on condition of good behaviour – Minister's conclusion that conduct was "serious" – need to construe reasons fairly and as a whole CONSTITUTIONAL LAW – Mr Stevens' visa cancelled under s 501(3) of the Migration Act 1958 (Cth) – whether Mr Stevens was an alien for the purposes of s 51(xix) of the Constitution – application of Shaw v Minister for Immigration and Multicultural Affairs [2003] HCA 72; 218 CLR 28 PRACTICE AND PROCEDURE – adjourning grounds raising issues arising under the Constitution – pending High Court hearing Legislation: Crimes (Sentencing Procedure) Act 1999 (NSW), s12 Migration Act 1958 (Cth), ss 14, 501(3), 501(4), 501(6)(a), 501(6)(b), 501(7), 501C, 501C(3), 501C(4), 503A, 503A(1), 503A(2) Migration Amendment (Character and General Visa Cancellation) Act 2014 (Cth) Constitution, ss 7, 8, 15, 24, 25, 30, 128, 51(xix)