Tham v Minister for Immigration and Citizenship [2012] FCA 234

FEDERAL COURT OF AUSTRALIA

Tham v Minister for Immigration and Citizenship [2012] FCA 234 Citation: Tham v Minister for Immigration and Citizenship [2012] FCA 234

Appeal from: Tham and Minister for Immigration and Citizenship [2011] AATA 629

Parties: THO DUC THAM v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL

File number: NSD 1747 of 2011

Judge: BENNETT J

Date of judgment: 20 March 2012

Catchwords: ADMINISTRATIVE LAW – Visa cancellation – review of decision to cancel visa pursuant to s 501 Migration Act 1958 (Cth) - application of primary and secondary considerations in Direction 41 issued under s 499(1) of the Migration Act 1958 (Cth) – whether Administrative Appeals Tribunal was required to and had made a finding on a previous criminal conviction for which the applicant maintained his innocence – distinction between fact of conviction and criminal conduct.

Legislation: Migration Act 1958 (Cth) ss 476A, 499 and 501 Direction [no.41] - Visa refusal and cancellation under s501, clauses 5.1(2), 10 and 10.1.2

Cases cited: Minister for Immigration and Ethnic Affairs v Daniele (1981) 3 FLR 354 cited Minister for Immigration and Ethnic Affairs v Gungor (1982) 63 FLR 441 cited Minister for Immigration and Ethnic Affairs v Wu Shang Liang (1996) 185 CLR 259 cited Minister for Immigration and Multicultural Affairs v Ali (2000) 106 FCR 313 considered Re Chandra and Minister for Immigration and Citizenship (2010) 120 ALD 108 cited Saffron v Commissioner of Taxation (Cth) (No 2) (1991) 30 FCR 578 cited