Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Coderre v Minister for Immigration and Border Protection [2014] FCA 769 Citation: Coderre v Minister for Immigration and Border Protection [2014] FCA 769
Parties: KENT LOUIS GASTON CODERRE v MINISTER FOR IMMIGRATION AND BORDER PROTECTION
File number: SAD 77 of 2014
Judge: BESANKO J
Date of judgment: 25 July 2014
Catchwords: MIGRATION – jurisdictional error – application for judicial review of decision of Minister to refuse application for Bridging visa – where applicant failed character test – where Minister exercised discretion to refuse visa – where applicant convicted of serious criminal offence in Australia – whether Minister failed to assess the likelihood or risk that the applicant might re-offend – whether assessment of likelihood or risk that the applicant might re-offend a mandatory relevant consideration – whether Minister failing to assess the likelihood or risk that the applicant might re-offend was a breach of procedural fairness – whether Minister's decision breached the legal standard of reasonableness – Migration Act 1958 (Cth) s 501. Held: Application dismissed.
Legislation: Acts Interpretation Act 1901 (Cth) s 25D Migration Act 1958 (Cth) ss 4, 499, 501, 501G
Cases cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Avon Downs Pty Ltd v Federal Commissioner of Taxation (1949) 78 CLR 353 House v The King (1936) 55 CLR 499 Kruse v Johnson (1898) 2 QB 91 Minister for Aboriginal Affairs and Another v Peko-Wallsend Limited and Others (1986) 162 CLR 24 Minister for Immigration and Citizenship v Li and Another (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS and Another (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Minister for Immigration and Multicultural and Indigenous Affairs v Huynh (2004) 139 FCR 505 Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 228 CLR 566 NBMZ v Minister for Immigration and Border Protection (2014) 307 ALR 49 NBNB v Minister for Immigration and Border Protection (2014) 307 ALR 90 Sean Investments Pty Ltd v MacKellar (1981) 38 ALR 363 Water Conservation and Irrigation Commission (New South Wales) v Browning (1947) 74 CLR 492
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