Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
HVLC v Minister for Home Affairs [2019] FCAFC 204 Appeal from: HVLC v Minister for Home Affairs [2019] FCA 616
File number: WAD 306 of 2019
Judges: KERR, BANKS-SMITH and JACKSON JJ
Date of judgment: 8 November 2019
Date of publication of reasons: 21 November 2019
Catchwords: MIGRATION – character test – Migration Act 1958 (Cth) s 501 – substantial criminal record – appeal from decision of Federal Court of Australia – sexual offence against child – reference to sentencing remarks – reference to impact of offending on victim and family – not an impermissible consideration – reference appropriate to identify objective circumstances of offending – no double counting – irrelevant that the Administrative Appeals Tribunal's reference to the actual impact on victim at the time of offending was incorrectly placed under the heading "Impact on Victims" which as an element of Ministerial Direction No 65 should have been understood to refer only to the impact of the grant of a visa – no jurisdictional error – appeal dismissed
Legislation: Migration Act 1958 (Cth) s 501
Cases cited: Falzon v Minister for Immigration and Border Protection [2018] HCA 2; 262 CLR 333 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 93 ALJR 252
Date of hearing: 8 November 2019
Date of last submissions: 1 November 2019
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