Leiataua v Minister for Immigration and Citizenship [2012] FCA 1427

FEDERAL COURT OF AUSTRALIA

Leiataua v Minister for Immigration and Citizenship [2012] FCA 1427 Citation: Leiataua v Minister for Immigration and Citizenship [2012] FCA 1427

Parties: EUTA LEIATAUA v MINISTER FOR IMMIGRATION AND CITIZENSHIP

File number: VID 498 of 2012

Judge: JESSUP J

Date of judgment: 21 December 2012

Catchwords: MIGRATION – decision by Minister to cancel applicant's visa pursuant to s 501A(2) of Migration Act 1958 (Cth) – applicant convicted of a number of sexual offences against minors and sentenced to term of imprisonment – where applicant a father of Australian citizen children under the age of 18 years – where applicant did not satisfy character test – where Minister satisfied that cancellation was in the national interest because of nature of applicant's offences and risk of re-offending – where Minister formed the view that risk of applicant re-offending not tested in community – where Minister took into account primary and non-primary discretionary considerations – where primary considerations included impact of cancellation on interests of any child under the age of 18 years – where Minister satisfied that cancellation would not be in the interests of the applicant's children – where Minister determined that interests of applicant's children did not outweigh national interest in protecting public – whether Minister erred into jurisdictional error by failing to apply proper test in determining "national interest" – matters relevant to determination of "national interest" – whether Minister erred into jurisdictional error by failing to consider harm to applicant's children as aspect of "national interest" – whether Minister erred into jurisdictional error by forming view that applicant's risk of re-offending not tested in community