Romano v Minister for Immigration and Citizenship [2011] FCA 1351

FEDERAL COURT OF AUSTRALIA

Romano v Minister for Immigration and Citizenship [2011] FCA 1351 Citation: Romano v Minister for Immigration and Citizenship [2011] FCA 1351

Parties: VINCENT ROMANO v MINISTER FOR IMMIGRATION AND CITIZENSHIP

File number: NSD 1369 of 2011

Judge: EDMONDS J

Date of judgment: 30 November 2011

Catchwords: MIGRATION – application to review Minister's decision to cancel applicant's visa pursuant to s 501(2) of the Migration Act 1958 (Cth) – relevant criteria – whether jurisdictional error in Minister's consideration of the best interests of applicant's grandchildren – Minister's discretion to accord weight to factors for consideration Held: application dismissed, no jurisdictional error.

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

Cases cited: Chai v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1460 cited Hopkins v Minister For Immigration and Citizenship [2007] FCA 1108 followed Howells v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 139 FCR 580 cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 applied Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 164 applied Minister for Immigration and Multicultural Affairs v W157/OOA (2002) 125 FCR 433 applied Minister for Immigration and Multicultural and Indigenous Affairs v George (2004) 139 FCR 127 cited Minister for Immigration and Multicultural and Indigenous Affairs v Huynh (2004) 139 FCR 505 applied Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 228 CLR 566 applied Minister for Indigenous and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 applied Nguyen Van Son v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 875 cited R v Romano [2004] NSWCCA 380 referred to Tuncok v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 172 cited