Tanielu v Minister for Immigration and Border Protection [2014] FCA 1221

FEDERAL COURT OF AUSTRALIA

Tanielu v Minister for Immigration and Border Protection [2014] FCA 1221 Citation: Tanielu v Minister for Immigration and Border Protection [2014] FCA 1221

Parties: MICHAEL TANIELU v MINISTER FOR IMMIGRATION AND BORDER PROTECTION

File number: VID 457 of 2014

Judge: JESSUP J

Date of judgment: 14 November 2014

Catchwords: MIGRATION – application for review of decision made by Minister personally to cancel applicant's visa pursuant to s 501(3) of the Migration Act 1958 (Cth) – whether Minister must first consider it necessary to exercise power to prevent a person from remaining in the Australian community without first affording that person natural justice before exercising power under s 501(3) – whether Minister must first consider whether to exercise power under s 501(2) before doing so under s 501(3) – whether Minister failed to have regard to a relevant consideration, namely that the legal consequence of his decision was that any representations made under s 501C(3) would be futile – whether Minister misunderstood or misconceived his statutory duty – whether Minister failed to have regard to the consequence of his decision that the applicant could never be granted a visa to return to Australia – whether Minister's conclusion that "there remains a risk, albeit a low one, that [the applicant] will re-offend in Australia" was infected by jurisdictional error because there was no evidence to support it – whether Minister's decision was not based on up to date information and/or was unreasonable

Legislation: Migration Act 1958 (Cth) ss 476A, 501, 501C The Constitution s 75(v) Migration Regulations 1994 (Cth), Sch 5