Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Taurua v Minister for Immigration and Citizenship [2008] FCA 1950
Administrative Appeals Tribunal Act 1975 (Cth) s 44 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 5E, 474, 483, 499, 501 Federal Court Rules O 53 r 2 Djalic v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 139 FCR 292 referred to Minister for Aboriginal Affairs & Anor v Peko-Wallsend Limited & Ors (1985) 162 CLR 24 applied Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 228 CLR 566 referred to Tuncok v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 172 cited STANLEY TAURUA v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL
NSD 875 of 2008
PERRAM J
22 DECEMBER 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 875 of 2008
BETWEEN: STANLEY TAURUA
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent
JUDGE: PERRAM J
DATE OF ORDER: 22 DECEMBER 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The applicant pay the costs of the first respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 875 of 2008
BETWEEN: STANLEY TAURUA
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent
JUDGE: PERRAM J
DATE: 22 DECEMBER 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant is a citizen of New Zealand. He has a substantial criminal record. He held a class TY subclass 444 special category visa which, broadly speaking, is a temporary visa given to New Zealand citizens. Section 501 of the Migration Act 1958 (Cth) ("the Migration Act") authorises the Minister administering the Act to cancel a visa if satisfied that a person has not passed the "character test". A person fails the character test if, inter alia, the person has been sentenced to a term of imprisonment of 12 months or more: see s 501(7). 2 On 19 January 2008 a delegate of the Minister concluded that the applicant did not pass the character test and decided to cancel the applicant's visa. 3 On 28 February 2008 the Applicant applied to the Administrative Appeals Tribunal ("the Tribunal") for a review of that decision. The Tribunal decided on 16 May 2008 that the delegate's decision should be affirmed. From that determination the applicant now appeals to this Court.
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