Tuitaalili v Minister for Immigration & Citizenship [2011] FCA 1224

FEDERAL COURT OF AUSTRALIA

Tuitaalili v Minister for Immigration & Citizenship [2011] FCA 1224 Citation: Tuitaalili v Minister for Immigration & Citizenship [2011] FCA 1224

Parties: MORELI TUITAALILI v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL

File number(s): NSD 444 of 2011

Judge: KATZMANN J

Date of judgment: 28 October 2011

Catchwords: ADMINISTRATIVE LAW – Whether the Administrative Appeals Tribunal fell into jurisdictional error in reviewing the Minister's decision to cancel a visa on character grounds MIGRATION – Ministerial discretion under s 501 of the Migration Act 1958 (Cth) – Ministerial Direction No 41 – whether the tribunal failed to undertake a risk assessment with respect to the seriousness and nature of the applicant's conduct – whether tribunal failed to apply the presumption in paragraph 10.4.1(4) in relation to the applicant's daughter – whether tribunal should have considered the best interests of another child

Legislation: Migration Act 1958 (Cth) ss 476A, 477A, 499, 501

Cases cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 CDJ v VAJ (No 1) (1998) 197 CLR 172 Lafu v Minister for Immigration and Citizenship (2009) 112 ALD 1 Minister for Immigration and Citizenship v Obele [2010] FCA 1445 Minister for Immigration and Citizenship v SZIAI (2009) 259 ALR 429 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Politis v Federal Commissioner of Taxation (1988) 16 ALD 707 Seiler v Minister for Immigration, Local Government and Ethnic Affairs (1994) 48 FCR 83 Shi v Migration Agents Registration Authority (2008) 235 CLR 286 Taufahema v Minister for Immigration and Citizenship (2010) 183 FCR 515