Rangiwai v Minister for Immigration and Border Protection [2015] FCA 621

FEDERAL COURT OF AUSTRALIA

Rangiwai v Minister for Immigration and Border Protection [2015] FCA 621 Citation: Rangiwai v Minister for Immigration and Border Protection [2015] FCA 621

Parties: MOREHU TE WHETU RANGIWAI v MINISTER FOR IMMIGRATION AND BORDER PROTECTION

File number: QUD 561 of 2014

Judge: COLLIER J

Date of judgment: 23 June 2015

Catchwords: MIGRATION – decision of Minister to cancel applicant's visa pursuant to s 501(2) Migration Act 1958 (Cth) – decision of Minister under s 501(2) set aside by Administrative Appeals Tribunal – subsequent personal decision of Minister to set aside decision of Administrative Appeals Tribunal and cancel applicant's visa pursuant to s 501A(2) – discretion of Minister to "override" decision of Administrative Appeals Tribunal – whether Minister's decision disproportionate or unreasonable – whether jurisdictional facts established to find cancellation of applicant's visa in "national interest" – determination of "national interest" is evaluative decision for Minister – whether proper, genuine and realistic consideration given by Minister to applicant's case

Legislation: Acts Interpretation Act 1901 (Cth) s 25D Migration Act 1958 (Cth) ss 474, 476A, 501, 501(1), 501(2), 501(6), 501(7), 501A, 501A(2), Direction 55 – Visa Refusal and Cancellation under s 501(1) Migration Legislation Amendment (Strengthening of Provisions relating to Character and Conduct) Act 1998 (Cth) Migration Legislation Amendment Act (No 1) 2001 (Cth) Explanatory Memorandum, Second Reading, Migration Legislation Amendment (Strengthening of Provisions relating to Character and Conduct) Bill 1998