Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Roesner v Minister for Immigration and Border Protection [2015] FCA 68 Citation: Roesner v Minister for Immigration and Border Protection [2015] FCA 68
Parties: HERMANN DETLEF ADOLF ROESNER v MINISTER FOR IMMIGRATION AND BORDER PROTECTION
File number: VID 534 of 2014
Judge: TRACEY J
Date of judgment: 13 February 2015
Catchwords: MIGRATION – application for judicial review of the Minister's decision to cancel the applicant's visa under s 501(2) of the Migration Act 1958 (Cth) – where the applicant had a substantial criminal record – whether the Minister miscarried in the exercise of his discretion to cancel the applicant's visa – whether the Minister failed to take into account a mandatory consideration – whether the Minister assessed the risk of reoffending by reference to an unspecified earlier risk – whether the Minister erred by failing to obtain an existing psychological report – whether the Minister erred by cancelling the visa in order to punish the applicant – whether the Minister failed to take account of relevant considerations – whether the Minister's decision was affected by apprehended bias
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) – s 5 Migration Act 1958 (Cth) – ss 501, 501G
Cases cited: Coderre v Minister for Immigration and Border Protection [2014] FCA 769 – cited Fraser v Minister for Immigration and Border Protection [2014] FCA 1333 – considered Madafferi v Minister for Immigration and Multicultural Affairs (2002) 118 FCR 326 – cited Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 – cited Minister for Immigration and Citizenship v SZIAI (2009) 259 ALR 429 – cited Minister for Immigration and Multicultural Affairs v Gunner (1998) 84 FCR 400 – cited Minister for Immigration and Multicultural and Indigenous Affairs v Huynh (2004) 139 FCR 505 – cited Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 – cited Moana v Minister for Immigration and Border Protection [2014] FCA 1084 – cited NBMZ v Minister for Immigration and Border Protection (2014) 220 FCR 1 – cited Nguyen v Minister for Immigration, Local Government and Ethnic Affairs (No 2) (1996) 68 FCR 463 – cited Paul v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 396 – cited R v Roesner [2002] VSC 384 – cited Re Patterson; Ex parte Taylor (2001) 207 CLR 391 – cited Tanielu v Minister for Immigration and Border Protection [2014] FCA 673 – considered Teuila v Minister for Immigration and Citizenship [2012] FCAFC 171 – considered Tickner v Bropho (1993) 50 FCR 183 – cited
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