Degning v Minister for Home Affairs [2019] FCAFC 67

FEDERAL COURT OF AUSTRALIA

Degning v Minister for Home Affairs [2019] FCAFC 67 Appeal from: Degning v Minister for Home Affairs [2018] FCA 1152

File number: NSD 1591 of 2018

Judges: ALLSOP CJ, COLLIER AND THAWLEY JJ

Date of judgment: 30 April 2019

Catchwords: MIGRATION – whether s 501(2) of the Migration Act 1958 (Cth) authorised the Minister to cancel the appellant's visa – whether the appellant had an accrued right to remain indefinitely in Australia – whether the appellant's failure to declare criminal convictions on incoming passenger cards was indicative of a disregard for the law – whether the appellant was obliged to disclose spent convictions – whether the appellant was denied procedural fairness – whether the appellant was put on notice of the relevance of the incoming passenger cards to the Minister's consideration as to his criminal history

Legislation: Acts Interpretation Amendment Act 2011 (Cth), ss 7, 8 Crimes Act 1914 (Cth), ss 85ZL, 85ZM, 85ZV, 85ZW, 85ZZH Intelligence and Security (Consequential Amendments) Act 1986 (Cth), ss 21, 22 Migration (Offences and Undesirable Persons) Amendment Act 1992 (Cth), s 5 Migration Act 1958 (Cth), ss 5, 6, 12, 13, 14, 55, 56, 57, 97, 102, 105, 107, 109, 116, 165, 166, 172, 180A, 234, 501, 501HA, 504, 506 Migration Amendment Act 1983 (Cth), ss 10, 11 Migration Laws Amendment Act 1993 (Cth), s 5 Migration Legislation Amendment (Strengthening of Provisions relating to Character and Conduct) Act 1998 (Cth), Sch 1 Migration Legislation Amendment Act (No 1) 2008 (Cth), Sch 4 Migration Legislation Amendment Act 1989 (Cth), ss 2, 35 Migration Legislation Amendment Act 1994 (Cth), ss 57, 58, 83, Sch 1 Migration Reform Act 1992 (Cth), s 2 Migration Reform (Transitional Provisions) Regulations 1994 (Cth), s 4 Migration Regulations 1994 (Cth), regs 3.01, 3.02, Sch 4