WASB v Minister for Immigration and Citizenship [2013] FCA 1016

FEDERAL COURT OF AUSTRALIA

WASB v Minister for Immigration and Citizenship [2013] FCA 1016 Citation: WASB v Minister for Immigration and Citizenship [2013] FCA 1016

Parties: WASB v MINISTER FOR IMMIGRATION AND CITIZENSHIP

File number: WAD 368 of 2012

Judge: BARKER J

Date of judgment: 7 October 2013

Catchwords: MIGRATION – applicant convicted of offence of destroying or damaging Commonwealth property while in immigration detention – Minister exercised discretion to refuse to grant protection visa under s 501(1) Migration Act 1958 (Cth) – whether Minister's discretion was enlivened – whether Minister's discretion was exercised according to law

Legislation: Constitution s 75(v) Acts Interpretation Act 1901 (Cth) s 15AA, s 15AB(1), s 15AB(2) Crimes Act 1914 (Cth) s 29(1) Evidence Act 1995 (Cth) s 56(1) Migration Act 1958 (Cth) s 5, s 36(2), s 46A(1), s 46A(2), s 195A(2), s 476A(1)(c), s 476A(2), s 499(1), s 499(2A), s 501(1), s 501(2), s 501(3), s 501(6), s 501(6)(aa), s 501(6)(aa)(i) Migration Amendment (Strengthening the Character Test and Other Provisions) Act 2011 (Cth)

Cases cited: Andary v Minister for Immigration and Multicultural Affairs [2003] FCAFC 211 Applicant M 117 of 2007 v Minister for Immigration and Citizenship [2008] FCA 1838 Cheedy v Western Australia [2011] FCAFC 100; (2011) 194 FCR 562 Howells v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 327; (2004) 139 FCR 580 James v Military Rehabilitation and Compensation Commission [2010] FCAFC 95; 186 FCR 134 Jumbunna Coal Mine NL v Victorian Coal Miners' Association (1908) 6 CLR 309 Mills v Meeking (1990) 169 CLR 214 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 297 ALR 225 Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 Misiura v Minister for Immigration and Multicultural Affairs [2001] FCA 133 MZYYO v Minister for Immigration and Citizenship [2013] FCA 49 Neat Domestic Trading Pty Ltd v AWB Ltd [2003] HCA 33; (2003) 216 CLR 277 R v L (1994) 49 FCR 534 Romano v Minister for Immigration and Citizenship [2011] FCA 1351; (2011) 124 ALD 198