Schuster-McFadyen v Minister for Immigration and Citizenship [2011] FCA 1303

FEDERAL COURT OF AUSTRALIA

Schuster-McFadyen v Minister for Immigration and Citizenship [2011] FCA 1303 Citation: Schuster-McFadyen v Minister for Immigration and Citizenship [2011] FCA 1303

Appeal from: Jason Schuster-McFadyen v Minister for Immigration and Citizenship [2011] AATA 574

Parties: JASON SCHUSTER-MCFADYEN v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL

File number: VID 1047 of 2011

Judge: TRACEY J

Date of judgment: 18 November 2011

Corrigendum: 5 December 2011

Catchwords: MIGRATION – cancellation of visa – character test – criminal record – whether Tribunal correctly directed itself in exercise of discretion under Act – whether Tribunal gave correct weight to relevant considerations under Ministerial Direction – ground made out – whether Tribunal failed properly to consider seriousness of appellant's criminal conduct – ground not made out – decision to be remitted to Tribunal for hearing and determination according to law

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 20B Migration Act 1958 (Cth) ss 499, 500-502 Direction No 41 – Visa Refusal and Cancellation Under Section 501

Cases cited: Collector of Customs v Pozzolanic Enterprises (1993) 43 FCR 280 cited Comcare v Broadhurst (2011) 192 FCR 497 cited Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 cited Milne v Minister for Immigration and Citizenship (2010) 52 AAR 1 considered Minister for Immigration and Citizenship v JSFD (2010) 185 FCR 288 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 cited Stead v State Government Insurance Commission (1986) 161 CLR 141 cited