Sami v Minister for Immigration and Citizenship [2013] FCA 106

FEDERAL COURT OF AUSTRALIA

Sami v Minister for Immigration and Citizenship [2013] FCA 106 Citation: Sami v Minister for Immigration and Citizenship [2013] FCA 106

Parties: TONY SAMI v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL

File number: WAD 162 of 2012

Judge: MCKERRACHER J

Date of judgment: 21 February 2013

Catchwords: MIGRATION – judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of the delegate of the Minister for Immigration and Citizenship (Cth) to cancel the applicant's visa under s 501(2) of the Migration Act 1958 (Cth) where failure to meet the character test – consideration of nature of the Federal Court's jurisdiction under ss 474, 476A(1)(b) and 476A(2) of the Migration Act – whether applicant was seeking impermissible merits review – applicant convicted of 49 offences including fraud and theft – error in his criminal record drawn to attention of AAT and considered - whether applicant had a 'substantial criminal record' – whether the AAT erred in characterising the applicant's convictions as 'serious offences' for the purpose of Ministerial Direction No 41 – whether the AAT erred in failing to account a relevant consideration, namely, the best interest of the applicant's children – whether the AAT erred by taking into account inadmissible evidence

Legislation: Migration Act 1958 (Cth) ss 474, 476A(1)(b), 476A(2), 501

Date of hearing: 5 December 2012

Place: Perth

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 38