Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Applicant in WAD 230/2014 v Minister for Immigration and Border Protection (No 2) [2015] FCA 705 Citation: Applicant in WAD 230/2014 v Minister for Immigration and Border Protection (No 2) [2015] FCA 705
Review of: Re Applicant 4264 of 2011 and Minister for Immigration and Citizenship [2011] AATA 920
Parties: THE APPLICANT IN WAD 230/2014 v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL
File number: WAD 230 of 2014
Judge: GILMOUR J
Date of judgment: 14 July 2015
Catchwords: ADMINISTRATIVE LAW – application for judicial review of a decision of the Administrative Appeals Tribunal – cancellation of visa under s 501(2) of the Migration Act 1958 (Cth) – character test under s 501(6) – substantial criminal record – whether the Tribunal properly considered the issue of the protection of the Australian community and the risk of re-offending – application allowed.
Legislation: Migration Act 1958 (Cth) ss 499, 500 and 501
Cases cited: Applicant in WAD 230/2014 v Minister of Immigration and Border Protection [2014] FCA 1351 Howells v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 139 FCR 580 Lesianawai v Minister for Immigration and Citizenship (2012) 131 ALD 27 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Minister of State for Immigration and Ethnic Affairs v Ah Hin Teoh (1995) 183 CLR 273 Moana v Minister for Immigration and Border Protection [2015] FCAFC 54 NAHI v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 10 NBMZ v Minister for Immigration and Border Protection (2014) 220 FCR 1 Nigro v Secretary to the Department of Justice (2013) 304 ALR 535 Ruatita v Minister for Immigration and Citizenship [2013] FCA 542 Sauvao v Minister for Immigration, Multicultural Affairs and Citizenship (2013) 137 ALD 507 SZRMQ v Minister for Immigration and Border Protection and Another (2013) 219 FCR 212 SZSEI v Minister for Immigration and Border Protection [2014] FCA 465 Tanielu v Minister for Immigration and Border Protection (2014) 225 FCR 424 Teoh v Minister for Immigration and Ethnic Affairs (1994) 49 FCR 409 Tewao v Minister for Immigration and Citizenship (2012) 126 ALD 185 Vaitaiki v Minister for Immigration and Ethnic Affairs (1997) 150 ALR 608
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