Viane v Minister for Immigration and Border Protection [2018] FCAFC 116

FEDERAL COURT OF AUSTRALIA

Viane v Minister for Immigration and Border Protection [2018] FCAFC 116 Appeal from: Viane v Minister for Immigration and Border Protection [2018] FCA 3

File number: NSD 100 of 2018

Judges: REEVES, RANGIAH AND COLVIN JJ

Date of judgment: 2 August 2018

Catchwords: MIGRATION - appeal from decision of primary judge upholding decision not to revoke the cancellation of a visa on character grounds - where appellant made representations about revocation of the cancellation decision to the Minister - where representations concerned hardship to partner and child if appellant had to relocate - whether Minister failed to consider the difficulties the appellant's partner would suffer if the family were relocated - whether appellant denied procedural fairness by failure to consider a substantial argument, claim or submission made to the Minister - appeal allowed - matter remitted to the Minister for determination according to law

Legislation: Constitution s 75(v) Migration Act 1958 (Cth) ss 476A, 501CA, 501(3A)

Cases cited: Ali v Minister for Immigration and Border Protection [2018] FCA 650 BCR16 v Minister for Immigration and Border Protection [2017] FCAFC 96; (2017) 248 FCR 456 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 77 ALJR 1088 Finance Facilities Pty Ltd v Federal Commissioner of Taxation [1971] HCA 12; (1971) 127 CLR 106 Forrest & Forrest Pty Ltd v Wilson [2017] HCA 30 Goundar v Minister for Immigration and Border Protection [2016] FCA 1203 Julius v Lord Bishop of Oxford (1880) 5 App Cas 214 Leach v The Queen [2007] HCA 3; (2007) 230 CLR 1 Marzano v Minister for Immigration and Border Protection [2017] FCAFC 66; (2017) 250 FCR 548 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Minister for Immigration and Border Protection v BHA17 [2018] FCAFC 68 Minister for Immigration and Border Protection v SZSRS (2014) 309 ALR 67 Minister for Immigration and Border Protection v WZARH [2015] HCA 40; (2015) 256 CLR 326 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Muggeridge v Minister for Immigration and Border Protection [2017] FCAFC 200 MZYTS v Minister for Immigration and Citizenship (2013) 230 FCR 431 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 Parker v Minister for Immigration and Border Protection [2017] FCAFC 115 Picard v Minister for Immigration and Border Protection [2015] FCA 1430 Plaintiff M61/2010E v Commonwealth (2010) 243 CLR 319 Plaintiff S157/2002 v The Commonwealth of Australia (2003) 211 CLR 476 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6; (2003) 214 CLR 1 Stead v State Government Insurance Commission [1986] HCA 54; (1986) 161 CLR 141 Wei v Minister for Immigration and Border Protection [2015] HCA 51; (2015) 257 CLR 22