Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jagroop v Minister for Immigration and Border Protection [2013] FCA 1287 Citation: Jagroop v Minister for Immigration and Border Protection [2013] FCA 1287
Appeal from: Confidential v Minister for Immigration and Citizenship [2013] AATA 237
Parties: AMITESH BALI CHAND JAGROOP v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL
File number: VID 385 of 2013
Judge: MARSHALL J
Date of judgment: 29 November 2013
Catchwords: MIGRATION – judicial review – cancellation of visa – failure to satisfy character test – substantial criminal record – imprisonment for criminally negligent manslaughter – discretion to cancel visa – procedural fairness – adverse material – leave to re-open hearing to receive evidence – time constraints on decision-making – whether Tribunal took into account irrelevant considerations – Direction No 55 – general deterrence – whether Tribunal failed to take into account the specific circumstances of the applicant's case, being a relevant consideration – specific deterrence – rehabilitation – parole – risk of re-offending– application dismissed.
Legislation: Acts Interpretation Act 1901 (Cth) ss 19, 19A(1)(c), 20, 33, 34AAA Administrative Appeals Tribunal Act 1975 (Cth) ss 39, 44 Migration Act 1958 (Cth) ss 476A, 499, 500(6H), 500(6J), 500(6L), 501, 501G Sentencing Act 1991 (Vic) ss 1, 4, 5. Direction No 55 – Visa refusal and cancellation under s 501
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