Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZAGK v Minister for Immigration and Border Protection [2014] FCA 1190 Citation: MZAGK v Minister for Immigration and Border Protection [2014] FCA 1190
Parties: MZAGK v MINISTER FOR IMMIGRATION AND BORDER PROTECTION
File number: VID 346 of 2014
Judge: TRACEY J
Date of judgment: 7 November 2014
Catchwords: MIGRATION – application for judicial review of the Minister's decision to set aside the decision of the Administrative Appeals Tribunal and cancel the applicant's visa – where applicant had a substantial criminal record – where applicant did not pass the character test – where not in public interest to grant visa – whether the Minister erred by asking the wrong question when exercising his discretion to cancel the visa – whether the Minister was bound to evaluate the seriousness of any future harm the applicant might pose to the Australian community – whether the Minister failed to give "proper, genuine and realistic" consideration to the risk of harm posed by the applicant to the Australian community – consideration of ss 501 and 501A of the Migration Act 1958 (Cth)
Legislation: Migration Act 1958 (Cth) – ss 499, 501, 501A Administrative Decisions (Judicial Review) Act 1977 (Cth) – s 5
Cases cited: Gbojueh v Minister for Immigration and Citizenship (2012) 202 FCR 417 – considered Gbojueh v Minister for Immigration and Border Protection [2014] FCA 883 – considered Kahn v Minister for Immigration and Ethnic Affairs (1987) 14 ALD 291 – discussed Lu v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 141 FCR 346 – discussed Madafferi v Minister for Immigration and Multicultural Affairs (2002) 118 FCR 326 – considered Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 – cited Minister for Immigration and Multicultural Affairs v Gunner (1998) 84 FCR 400 – considered Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 228 CLR 566 – cited Minister for Immigration and Multicultural and Indigenous Affairs v Huynh (2004) 139 FCR 505 – cited Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 164 – discussed Re Patterson; Ex parte Taylor (2001) 207 CLR 391 – considered Swift v SAS Trustee Corporation [2010] NSWCA 182 – cited Tanielu v Minister for Immigration and Border Protection [2014] FCA 673 – considered Tewao v Minister for Immigration and Citizenship (2012) 126 ALD 185 – considered VWLL v Minister for Immigration and Citizenship [2012] AATA 858 – cited
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate