Fraser v Minister for Immigration and Border Protection [2014] FCA 1333

FEDERAL COURT OF AUSTRALIA

Fraser v Minister for Immigration and Border Protection [2014] FCA 1333 Citation: Fraser v Minister for Immigration and Border Protection [2014] FCA 1333

Parties: DYLAN REID FRASER v MINISTER FOR IMMIGRATION AND BORDER PROTECTION

File number: NSD 444 of 2014

Judge: PERRAM J

Date of judgment: 9 December 2014

Catchwords: MIGRATION – decision by Minister to cancel applicant's visa pursuant to Migration Act 1958 (Cth) s 501 – whether Minister failed adequately to assess the applicant's risk of harm to the Australian community MIGRATION – decision by Minister to cancel applicant's visa pursuant to Migration Act 1958 (Cth) s 501 –comments made publicly by Minister in relation to visa cancellation powers – whether Minister's decision affected by apprehended bias

Legislation: Acts Interpretation Act 1901 (Cth) s 25D Migration Act 1958 (Cth) s 501, s 501G

Cases cited: Anderson v Director-General of the Department of Environment and Climate Change (2008) 251 ALR 633 cited Belmorgan Property Development Pty Ltd v GPT RE Ltd (2007) 153 LGERA 450 cited Elias v Commissioner of Taxation (2002) 123 FCR 499 cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 cited Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 applied Minister for Immigration and Multicultural and Indigenous Affairs v Huynh (2004) 139 FCR 505 considered Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 228 CLR 556 cited MZAGK v Minister for Immigration and Border Protection [2014] FCA 1190 cited NBMZ v Minister for Immigration and Border Protection (2014) 220 FCR 1 considered Tanielu v Minister for Immigration and Border Protection [2014] FCA 673 considered