Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Home Affairs v Hunt [2019] FCAFC 58 Appeal from: Hunt v Minister for Immigration and Border Protection (No 2) [2018] FCA 1581
File number: WAD 497 of 2018
Judge: MCKERRACHER, PERRY AND BANKS-SMITH JJ
Date of judgment: 11 April 2019
Catchwords: MIGRATION – appeal from a single judge of this Court – where the primary judge granted the application for extension of time – visa cancelled on character grounds pursuant to s 501(2) of the Migration Act 1958 (Cth) – whether the primary judge erred in finding the Minister's decision was tainted by jurisdictional error –whether the Minister failed to have regard to the suspended nature of the sentences – appeal allowed MIGRATION – whether primary judge erred in holding that the respondent's criminal record was regularly obtained – whether criminal record was obtained by Department in breach of Information Privacy Act 2009 (Qld) (Queensland Privacy Act) – whether Queensland Privacy Act applied to Commonwealth officer – whether any breach of Queensland Privacy Act would render Minister's decision invalid – whether the discretion to exclude evidence under s 138 of the Evidence Act 1995 (Cth) applied to the Minister in making the decision – notice of contention dismissed
Legislation: Evidence Act 1995 (Cth) s 138 Migration Act 1958 (Cth) ss 501(2), 501(2)(a), 501(2)(b), 501(6), 501(6)(1)(e), 501CA(4) Privacy Act 1988 (Cth) s 2A, 3, 5, 6, 6B(1), 6C(1), 6C(3), 11, 26A, 26C, Div 2, Pt IIIB Information Privacy Act 2009 (Qld) s 12
Cases cited: Bunning v Cross (1978) 141 CLR 54 Fox v Percy (2003) 214 CLR 118 Hooton v Minister for Home Affairs [2018] FCAFC 142 Hossain v Minister for Immigration and Border Protection (2018) 359 ALR 1 Martin v Medical Complaints Tribunal (2006) 15 Tas R 413 Minister for Home Affairs v Buadromo (2018) 362 ALR 48 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Muggeridge v Minister for Immigration and Border Protection (2017) 255 FCR 81 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116 Warren v Coombes (1979) 142 CLR 531
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