Te Puke v Minister for Immigration and Border Protection [2015] FCA 398

FEDERAL COURT OF AUSTRALIA

Te Puke v Minister for Immigration and Border Protection [2015] FCA 398 Citation: Te Puke v Minister for Immigration and Border Protection [2015] FCA 398

Parties: SHAYE TAMA TE PUKE v MINISTER FOR IMMIGRATION AND BORDER PROTECTION

File number: NSD 1257 of 2014

Judge: WIGNEY J

Date of judgment: 29 April 2015

Catchwords: MIGRATION – Cancellation of visa on character grounds – Whether Minister properly exercised discretion under s 501(2) of the Migration Act 1958 (Cth) – Whether risk of harm to the Australian community is a mandatory consideration – Whether Minister is bound to evaluate the likelihood of future harm – Whether Minister erred by failing to have regard to findings made by the sentencing judge – Whether the Minister made a finding that was unsupported by evidence – Whether the Minister's decision was irrational or illogical

Legislation: Acts Interpretation Act 1901 (Cth), s 25D Crimes Act 1900 (NSW), ss 93A, 93C Migration Act 1958 (Cth), ss 4, 501, 501(2), 501(6), 501(7)

Cases cited: Anderson v Director General of the Department of Environmental and Climate Change (2008) 163 LGERA 400; (2008) 251 ALR 633 Australasian Meat Industry Employees' Union v Fair Work Australia (2012) 203 FCR 389 Belmorgan Property Development Pty Ltd v GPT RE Ltd (2007) 153 LGERA 450; [2007] NSWCA 171 Coderre v Minister for Immigration and Border Protection (2014) 143 ALD 675 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Colosimo v Director of Public Prosecutions (2005) 64 NSWLR 645 Darby v Director of Public Prosecutions (2004) 61 NSWLR 558 Djalic v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 139 FCR 292 Fraser v Minister for Immigration and Border Protection [2014] FCA 1333 Gbojueh v Minister for Immigration and Border Protection [2015] FCAFC 43 Gbojueh v Minister for Immigration and Citizenship (2012) 202 FCR 417 Khan v Minister for Immigration and Ethnic Affairs (1987) 14 ALD 291 King v Minister for Immigration and Border Protection (2014) 142 ALD 305 Madafferi v Minister for Immigration and Multicultural Affairs (2002) 118 FCR 326 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Border Protection v Singh (2014) 139 ALD 50 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 164 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Gunner (1998) 84 FCR 400 Minister for Immigration and Multicultural and Indigenous Affairs v Huynh (2004) 139 FCR 505 Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 228 CLR 566 Minister for Immigration and Multicultural and Indigenous Affairs v Voao [2005] FCAFC 50 Moana v Minister for Immigration and Border Protection [2015] FCAFC 54 MZAGK v Minister for Immigration and Border Protection [2014] FCA 1190 NBMZ v Minister for Immigration and Border Protection (2014) 220 FCR 1 NBNB v Minister for Immigration and Border Protection (2014) 220 FCR 44 Re Patterson; Ex parte Taylor (2001) 207 CLR 391 Roesner v Minister for Immigration and Border Protection [2015] FCA 68 Salahuddin v Minister for Immigration and Border Protection (2013) 140 ALD 1 Sean Investments Pty Ltd v MacKellar (1981) 38 ALR 363 Soliman v University of Technology, Sydney (2012) 207 FCR 277 SZMWQ v Minister for Immigration and Citizenship (2010) 187 FCR 109 Tanielu v Minister for Immigration and Border Protection (2014) 225 FCR 424