Tewao v Minister for Immigration and Citizenship [2011] FCA 1515

FEDERAL COURT OF AUSTRALIA

Tewao v Minister for Immigration and Citizenship [2011] FCA 1515 Citation: Tewao v Minister for Immigration and Citizenship [2011] FCA 1515

Parties: HAYDEN HARLEM TEWAO v MINISTER FOR IMMIGRATION AND CITIZENSHIP

File number(s): NSD 1803 of 2011

Judge: KATZMANN J

Date of judgment: 23 December 2011

Catchwords: MIGRATION – Minister's decision to cancel visa under s 501A(2) of Migration Act 1958 (Cth) – whether Minister applied the wrong test on risk of reoffending – whether Minister took into account the applicant's "exceptional size" as an irrelevant consideration – whether denial of procedural fairness

Legislation: Migration Act 1958 (Cth) ss 4(1), 4(4), 476A(1)(c), 499, 501, 501(2), 501A(2), 501

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630 Kioa v West (1985) 159 CLR 550 Lafu v Minister for Citizenship (2009) 112 ALD 1 Madafferi v Minister for Immigration and Multicultural Affairs (2002) 118 FCR 326 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Multicultural Affairs v Huynh (2004) 139 FCR 505 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Rezaei v Minister for Immigration and Multicultural Affairs [2001] FCA 1294 Swift v SAS Trustee Corporation [2010] NSWCA 182 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 Thirukkumar v Minister for Immigration and Multicultural Affairs [2002] FCAFC 268