Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pennie v Minister for Home Affairs [2019] FCAFC 129 Appeal from: Pennie v Minister for Home Affairs [2019] FCA 489
File numbers: WAD 240 of 2019
Judges: DAVIES, DERRINGTON AND COLVIN JJ
Date of judgment: 7 August 2019
Catchwords: MIGRATION – exercise of power under s 501CA(4) of the Migration Act 1958 (Cth) – appellant made representations that he would suffer hardship if returned to Ireland – whether Minister failed to give genuine consideration to representations – no legal duty for Minister to investigate – whether Minister's decision legally unreasonable – rational basis for finding of propensity giving rise to risk of recidivism - appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 501(3A), 501CA
Cases cited: Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 357 ALR 408 Navoto v Minister for Home Affairs [2019] FCA 295 Tsvetnenko v United States of America [2019] FCAFC 74
Date of hearing: 7 August 2019
Registry: Western Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 25
Counsel for the Appellant: The Appellant appeared in person
Counsel for the Respondent: Mr P Hannan
Solicitor for the Respondent: Sparke Helmore
ORDERS WAD 240 of 2019
BETWEEN: PAUL JOHN PENNIE Appellant
AND: MINISTER FOR HOME AFFAIRS Respondent
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