Tauariki v Minister for Immigration and Citizenship [2012] FCA 1408

FEDERAL COURT OF AUSTRALIA

Tauariki v Minister for Immigration and Citizenship [2012] FCA 1408 Citation: Tauariki v Minister for Immigration and Citizenship [2012] FCA 1408

Appeal from: Re Tauariki and Minister for Immigration & Citizenship [2012] AATA 482

Parties: CHARLIE JUNIOR TIARE TAUARIKI v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL

File number: NSD 1193 of 2012

Judge: COWDROY J

Date of judgment: 13 December 2012

Catchwords: MIGRATION – application for review of decision of Administrative Appeals Tribunal – applicant failing character test – Minister cancelling applicant's visa – Tribunal affirms cancellation decision – whether Tribunal failed to consider best interests of the applicant's children – Tribunal failed to state conclusions on children's best interests – application allowed

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

Cases cited: Baker v Minister for Immigration and Citizenship [2012] FCAFC 145 Basile v Minister for Immigration and Citizenship (2011) 193 FCR 329 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Lesianawai v Minister for Immigration and Citizenship [2012] FCA 897 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594 Minister for Immigration & Ethnic Affairs v Ah Hin Teoh (1995) 183 CLR 273 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Nweke v Minister for Immigration and Citizenship (2012) 126 ALD 501 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 Re Tauariki and Minister for Immigration & Citizenship [2012] AATA 482 Sebastian v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 31 Tara v Minister for Immigration and Citizenship [2012] FCA 1146 Tewao v Minister for Immigration and Citizenship (2012) 126 ALD 185