Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
HZCP v Minister for Immigration and Border Protection [2019] FCAFC 202 Appeal from: HZCP v Minister for Immigration and Border Protection [2018] FCA 1803
File number: VID 1547 of 2018
Judges: MCKERRACHER, DERRINGTON AND COLVIN JJ
Date of judgment: 21 November 2019
Catchwords: MIGRATION – where the appellant's visa was cancelled on character grounds under s 501(3A) of the Migration Act 1958 (Cth) – decision not to revoke cancellation decision pursuant to s 501CA(4) of the Act – appeal from an application for judicial review of a decision of the Administrative Appeals Tribunal – whether the Tribunal's decision affected by an error of law – discussion of authorities and principles relevant to whether the Tribunal may look behind or impugn the conviction or sentence – where the conviction or sentence is a precondition to the exercise of power – where the appellant's evidence to the Tribunal was inconsistent with the essential findings of the sentencing judge – whether the Tribunal made findings of fact that were irrational or illogical – jurisdictional error not established Held: appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 501, 501(3), 501(3A), 501(6)(a), 501(7), 501(7)(c), 501CA, 501CA(3), 501CA(4), 501CA(4)(b)(i), 501CA(4)(b)(ii)
Cases cited: Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 225 CLR 88 Australian Communications and Media Authority v Today FM (Sydney) Pty Ltd (2015) 255 CLR 352 Australian Education Union v Department of Education and Children's Services (2012) 248 CLR 1 Beckner v Minister for Immigration, Local Government and Ethnic Affairs (1991) 30 FCR 49 Bowen-James v Delegate of the Director-General of the Department of Health (1992) 27 NSWLR 457 Brandy v Human Rights and Equal Opportunity Commission (1995) 183 CLR 245 Briginshaw v Briginshaw (1938) 60 CLR 336 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 Casey v Repatriation Commission (1995) 60 FCR 510 Chu Kheng Lim v Minister for Immigration, Local GAS v The Queen (2004) 217 CLR 198 Commonwealth v Snell (2019) 370 ALR 1 Degerli v Minister for Immigration and Ethnic Affairs [1981] FCA 250 Department of Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469 Re Du Pont v Minister for Immigration and Ethnic Affairs [1983] AATA 180 Falzon v Minister for Immigration and Border Protection (2018) 262 CLR 333 Federal Commissioner of Taxation v Munro (1926) 38 CLR 153 General Medical Council v Spackman [1943] AC 627 Government and Ethnic Affairs (1992) 176 CLR 1 Kostas v HIA Insurance Services Pty Ltd t/as Home Owners Warranty (2010) 241 CLR 390 Marzano v Minister for Immigration and Border Protection (2017) 250 FCR 548 Minister for Home Affairs v Sharma [2019] FCA 597 Minister for Immigration and Border Protection v SZMTA (2019) 93 ALJR 252 Minister for Immigration and Ethnic Affairs v Daniele (1981) 61 FLR 354 Minister for Immigration and Ethnic Affairs v Gungor (1982) 63 FLR 441 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Ali (2000) 106 FCR 313 Minister for Immigration and Multicultural Affairs v SRT (1999) 91 FCR 234 Navoto v Minister for Home Affairs [2019] FCAFC 135 The Queen v Olbrich (1999) 199 CLR 270 Roach v Minister for Immigration and Border Protection [2016] FCA 750 Romanov v Minister for Home Affairs [2019] FCAFC 13 Secretary to the Department of Justice and Regulation v LLF [2018] VSCA 155 SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 214 Telstra Corporation Ltd v Treloar (2000) 102 FCR 595 Trikilis and Minister for Immigration and Border Protection [2017] AATA 1409 WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 Waterside Workers' Federation of Australia v J W Alexander Ltd (1918) 25 CLR 434 Wentworth v Rogers [1984] 2 NSWLR 422 Re Woolley; Ex parte Applicants M276/2003 (by their next friend GS) (2004) 225 CLR 1
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