Lafu v Minister for Immigration and Citizenship [2009] FCA 733

FEDERAL COURT OF AUSTRALIA

Lafu v Minister for Immigration and Citizenship [2009] FCA 733

MIGRATION – cancellation of visa – character test – application of Ministerial direction – mandatory considerations – general deterrence – whether Tribunal failed to consider general deterrence with respect to the specific circumstances of the case – whether jurisdictional error Held: application dismissed Migration Act 1958 (Cth) Applicant WAEE v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 75 ALD 630; [2003] FCAFC 184 Lafu v Minister for Immigration and Citizenship (2009) 107 ALD 678; [2009] AATA 218 Craig v State of South Australia (1995) 184 CLR 163 Filipo v Minister for Immigration and Citizenship [2008] AATA 1144 Tickner v Chapman (1995) 57 FCR 451 Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259

TAUMAFAI AIMAHALA LAFU v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL

NSD 332 of 2009

JAGOT J

9 JULY 2009

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

General Division NSD 332 of 2009

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY PROFESSOR G D WALKER, DEPUTY PRESIDENT

BETWEEN: TAUMAFAI AIMAHALA LAFU

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGE: JAGOT J

DATE OF ORDER: 9 JULY 2009

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed. 2. The applicant pay the first respondent's costs of the application as agreed or taxed. 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 Federal Law Search on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA