Gbojueh v Minister for Immigration and Border Protection [2014] FCA 883

FEDERAL COURT OF AUSTRALIA

Gbojueh v Minister for Immigration and Border Protection [2014] FCA 883 Citation: Gbojueh v Minister for Immigration and Border Protection [2014] FCA 883

Parties: THOMAS SCOTT GBOJUEH v MINISTER FOR IMMIGRATION AND BORDER PROTECTION

File number: VID 75 of 2014

Judge: TRACEY J

Date of judgment: 22 August 2014

Corrigendum: 13 October 2014

Catchwords: MIGRATION – decision of Minister to set aside decision of AAT and cancel visa of non-citizen – where applicant had criminal convictions – where Minister satisfied applicant did not pass character test and cancellation of visa in national interest – whether Minister failed to give proper, genuine and realistic consideration to the nature and seriousness of offending – whether Minister applied a "blanket policy" when determining that the nature of the conviction is so serious that any risk of re-offending is unacceptable – whether Minister bound to have regard to circumstances of offence when determining whether visa holder passes character test – whether Minister failed to give genuine and realistic consideration to expert evidence – whether Minister replaced expert opinion with own lay opinion

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) – s 5 Migration Act 1958 (Cth) – ss 499, 501, 501A, 502

Cases cited: Elias v Commissioner of Taxation (2002) 123 FCR 499 – cited Gbojueh v Minister for Immigration and Citizenship (2012) 202 FCR 417 – cited Khan v Minister for Immigration and Ethnic Affairs (1987) 14 ALD 291 – considered Madafferi v Minister for Immigration and Multicultural Affairs (2002) 118 FCR 326 – cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 – cited Minister for Immigration and Multicultural and Indigenous Affairs v Huynh (2004) 139 FCR 505 – applied Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 228 CLR 566 – cited Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 – cited Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 164 – cited Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 – cited NBMZ v Minister for Immigration and Border Protection (2014) 307 ALR 49 – considered NBNB v Minister for Immigration and Border Protection (2014) 307 ALR 90 – considered R v Moore; Ex parte Australian Telephone and Phonogram Officers' Association (1982) 148 CLR 600 – cited Re Patterson; Ex parte Taylor (2001) 207 CLR 391 – cited Swift v SAS Trustee Corporation [2010] NSWCA 182 – cited Tang v Minister for Immigration and Ethnic Affairs (1986) 67 ALR 177 – cited Tewao v Minister for Immigration and Citizenship (2012) 126 ALD 185 – cited