Aquino v Minister for Immigration and Border Protection [2014] FCA 1425

FEDERAL COURT OF AUSTRALIA

Aquino v Minister for Immigration and Border Protection [2014] FCA 1425 Citation: Aquino v Minister for Immigration and Border Protection [2014] FCA 1425

Parties: TRACY VAL AQUINO v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL

File number(s): QUD 579 of 2013

Judge(s): GREENWOOD J

Date of judgment: 23 December 2014

Catchwords: MIGRATION – consideration of an application for judicial review of a decision of the Administrative Appeals Tribunal (made on a review by the Tribunal under s 500 of the Migration Act 1958 (Cth) (the "Act") of a decision made by a delegate of the Minister) to cancel the applicant's visa pursuant to s 501(2) of the Act – consideration of the application of Direction 55 ("Visa refusal and cancellation under s 501") given by the Minister pursuant to s 499 of the Act – where applicant did not pass character test because applicant had a substantial criminal record as defined in s 501(6)(a) – whether jurisdictional error demonstrated in Tribunal's decision

Legislation: Migration Act 1958 (Cth), ss 474, 476, 476A, 477A, 499, 500, 501 Federal Court Rules 2011, rr 31.22, 31.23 Other material: Direction Number 55, Visa refusal and cancellation under s 501, given by Chris Bowen, Minister for Immigration and Citizenship, 25 July 2012

Cases cited: Acquino v Minister for Immigration and Citizenship [2013] FCCA 897 – cited Attorney-General (NSW) v Quin (1990) 170 CLR 1 – cited FAI Insurances Ltd v Winneke (1982) 151 CLR 342 – cited House v The King (1936) 55 CLR 499 – cited Jones v Office of the Australian Information Commissioner [2014] FCA 285 – cited and quoted Kruger v Commonwealth (1997) 190 CLR 1 – cited Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 – cited Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; 259 ALR 429; 83 ALJR 1123 – cited Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 – cited Plaintiff S157 v Commonwealth (2003) 211 CLR 476 – cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 – cited R v Anderson; Ex parte Ipec-Air Pty Limited (1965) 113 CLR 177 – cited Rawsthorne v Minister for Immigration and Citizenship [2013] FCAFC 39; 140 ALD 524 – cited Secretary of State for Education and Science v Tameside Metropolitan Borough Council [1977] AC 1014 – cited Spruill v Minister for Immigration and Citizenship [2012] FCA 1401; 135 ALD 45 – cited The Applicant and Minister for Immigration and Citizenship [2013] AATA 242 – cited and quoted