Tanielu v Minister for Immigration and Border Protection [2014] FCA 673

FEDERAL COURT OF AUSTRALIA

Tanielu v Minister for Immigration and Border Protection [2014] FCA 673 Citation: Tanielu v Minister for Immigration and Border Protection [2014] FCA 673

Parties: MICHAEL TANIELU v MINISTER FOR IMMIGRATION AND BORDER PROTECTION

File number: VID 99 of 2014

Judge: MORTIMER J

Date of judgment: 4 July 2014

Catchwords: MIGRATION – Application for review of decision made by Minister personally to cancel applicant's visa pursuant to s 501(2) of the Migration Act 1958 (Cth) – whether applicant denied procedural fairness because departmental officer led him to believe the decision would be made by a delegate rather than the Minister – whether applicant led to believe Department would contact victim of applicant's offending – whether denial of procedural fairness – whether Minister failed properly to assess the likelihood of the applicant reoffending – whether risk of harm to Australian community a relevant consideration in s 501(2) – applicant denied procedural fairness – Minister failed to take into account relevant consideration – application granted with costs – decision of Minister to cancel visa quashed.

Legislation: Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) s 13 Dangerous Sexual Offenders Act 2006 (WA) s 7 Migration Act 1958 (Cth) ss 4, 180A, 476A, 499, 500, 501, 501A Migration Legislation Amendment Act 1994 (Cth) Serious Sex Offenders (Detention and Supervision) Act 2009 (Vic) s 9 Federal Court Rules 2011 (Cth) rr 4.12, 4.19 Migration (Offences and Undesirable Persons) Amendment Bill 1992 (Cth)