Wozniak v Minister for Immigration and Border Protection [2017] FCAFC 148

FEDERAL COURT OF AUSTRALIA

Wozniak v Minister for Immigration and Border Protection [2017] FCAFC 148 File number: NSD 645 of 2017

Judge: KENNY, GRIFFITHS & BROMWICH JJ

Date of judgment: 21 September 2017

Catchwords: ADMINISTRATIVE LAW – application for leave to appeal out of time from orders dismissing application for judicial review – decision not to revoke mandatory cancellation of visa – character test – substantial criminal record – s 501(3A) of Migration Act 1958 (Cth) – application dismissed with proposed "Falzon" ground stood over for determination after High Court decision ADMINISTRATIVE LAW – alleged denial of procedural fairness – alleged failure to make an obvious inquiry about a critical fact – failure of decision-maker to obtain pre-sentence report in relation to risk of re-offending – practical injustice – failure to exercise jurisdiction – held: no obligation to obtain pre-sentence report in all the circumstances – held: no practical injustice or breach of procedural fairness – held: limited obligation upon administrative decision-maker to make inquiries – held: no jurisdictional error by failure to exercise jurisdiction – held: leave to appeal on both proposed new appeal grounds refused ADMINISTRATIVE LAW – use of word "privilege" in reasons of the decision-maker in relation to status of visa-holder – alleged jurisdictional error – whether decision in Minister for Immigration and Border Protection v Tesic [2017] FCAFC 93 should be followed or await outcome of application for special leave to appeal – held: Tesic decision followed; no delay pending High Court special leave application appropriate – held: leave to appeal on proposed appeal ground refused