Minister for Immigration and Citizenship v Shea [2011] FCA 37

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Citizenship v Shea [2011] FCA 37 Citation: Minister for Immigration and Citizenship v Shea [2011] FCA 37

Appeal from: Re Stephen Shea and Minister for Immigration and Citizenship [2010] AATA 378

Parties: MINISTER FOR IMMIGRATION AND CITIZENSHIP v STEPHEN SHEA and ADMINISTRATIVE APPEALS TRIBUNAL

File number: NSD 755 of 2010

Judge: COWDROY J

Date of judgment: 4 February 2011

Catchwords: MIGRATION – Appeal from Administrative Appeals Tribunal – Decision to exercise discretion to grant partner visa to applicant despite her failure of character test – Whether Tribunal failed to address a clearly articulated submission of the Minister in its reasons – Whether the Tribunal's reasons addressed the prospect that the visa applicant may engage in fraudulent non-migration conduct – Held – The Tribunal made general findings in relation to 'any misconduct' and 'the law' – Such findings addressed the prospect of both migration and non-migration offences – The Minister's submission was addressed by the Tribunal's reasons – Application dismissed.

Legislation: Administrative Decisions (Judicial Review) Act 1997 (Cth) s 13 Migration Act 1958 (Cth) s 501

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630 Australian Postal Corporation v Hughes (2009) 111 ALD 579 Casarotto v Australian Postal Corporation (1989) 86 ALR 399 Collector of Customs v Pozzolanic Enterprises Pty Limited (1993) 43 FCR 280 Comcare v Rowe (2002) 35 AAR 410 Defence Force Retirement and Death Benefits Authority v House (2009) 49 AAR 525 Deloitte Touche Tohmatsu (formerly known as Deloitte Haskins & Sells and Deloitte Ross Tohmatsu) v Australian Securities Commission (1996) 136 ALR 453 Dranichnkov v Minister for Immigration and Multicultural Affairs (2003) 193 ALR 389 Ma v Commissioner of Taxation (1992) 37 FCR 225 Minister for Immigration and Ethnic Affairs v Wu Shan Liang and Others (1996) 185 CLR 259 Re Minister for Immigration and Multicultural and Indigenous Affairs Ex parte Palme (2003) 216 CLR 212 Nelson v Comcare [2009] FCA 1149 Re Tapukesolova Puafisi and Minister for Immigration and Citizenship [2009] AATA 689 Repatriation Commission v Rogers (1999) 29 AAR 164 Repatriation Commission v Tiernan [2001] FCA 519 Steed v Minister for Immigration and Ethnic Affairs (1981) 37 ALR 620 Dennis Willcox Pty Ltd v Federal Commissioner of Taxation (1988) 79 ALR 267 Zoia v Secretary, Department of Employment and Workplace Relations [2008] FCA 988