Minister for Immigration and Citizenship v Administrative Appeals Tribunal [2013] FCA 803

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Citizenship v Administrative Appeals Tribunal [2013] FCA 803 Citation: Minister for Immigration and Citizenship v Administrative Appeals Tribunal [2013] FCA 803

Appeal from: QAAA v Minister for Immigration and Citizenship [2012] AATA 442

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

File number: QUD 403 of 2012

Judge: COLLIER J

Date of judgment: 13 August 2013

Catchwords: MIGRATION – non-citizen convicted of stealing money from ATMs – cancellation of visa on character grounds by delegate of Minister pursuant to s 501(2) Migration Act 1958 (Cth) – Administrative Appeals Tribunal set aside decision of delegate and remitted matter to Minister for reconsideration – appeal against decision of Tribunal – construction and application of s 501 and Direction no. 41—Visa refusal and cancellation under s 501 – unfettered discretion of decision-maker under s 501 – weighing process required as between primary considerations and other considerations – whether Tribunal erred in considering as relevant to exercise of discretion the non-citizen's offer to assist Australian Federal Police – relevance of imminent expiry of visa – relevance to construction of power in s 501(2) of provisions of Pt 2 Div 4 Migration Act 1958 (Cth) concerning criminal justice visitors – legal status of non-citizen – public interest in providing co-operation and assistance to law enforcement authorities

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 25, 43(1) and (6) Migration Act 1958 (Cth) Pt 2 Div 4, ss 13, 15, 38, 44, 147, 148, 150, 155-164, 499, 501(2) and (6)