Milne v Minister for Immigration and Citizenship [2010] FCA 495

FEDERAL COURT OF AUSTRALIA

Milne v Minister for Immigration and Citizenship [2010] FCA 495 Citation: Milne v Minister for Immigration and Citizenship [2010] FCA 495

Appeal from: Milne and Minister for Immigration and Citizenship [2009] AATA 360

Parties: WILLIAM THOMAS DUNBAR MILNE v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL

File number(s): VID 456 of 2009

Judges: GRAY J

Date of judgment: 20 May 2010

Catchwords: MIGRATION – visa – cancellation – failure to satisfy character test – substantial criminal record – imprisonment for sexual offences against children – whether Tribunal failed to deal properly with issue of relevance of general deterrence – whether Tribunal denied applicant procedural fairness by relying heavily on his lack of rehabilitation, without informing him that it proposed to do so and giving him an opportunity to obtain evidence in relation to rehabilitation – whether Tribunal wrongly regarded itself as bound to give less weight to considerations not designated as primary considerations than to those designated as primary considerations

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 33(1)(c), 44, 44(1) Migration Act 1958 (Cth), ss 5(1), 5E, 474(2), 474(4), 474(5), 476A, 476A(1)(b), 477A(2), 483, 499, 499(1), 499(2A), 500, 500(6B), 500(6H), 500(6J), 500(6L), 501, 501(2), 501(6)(a), 501(7), 501(7)(c), 501(7)(d) Direction – Visa Refusal and Cancellation under section 501 – No. 21, cll 2.1, 2.2, 2.3, 2.5, 2.10, 2.10(c), 2.11, 2.11(a), 2.11(b), 2.17