Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Eden v Minister for Immigration and Border Protection [2015] FCA 780 Citation: Eden v Minister for Immigration and Border Protection [2015] FCA 780
Parties: MAS EDEN v MINISTER FOR IMMIGRATION AND BORDER PROTECTION
File number: QUD 510 of 2015
Judge: LOGAN J
Date of judgment: 24 July 2015
Catchwords: MIGRATION – application for judicial review of Minister's decision to cancel applicant's visa on character grounds pursuant to s 501(2) of the Migration Act 1958 (Cth) – whether exercise of discretion unreasonable in the sense referred to in Wednesbury and Li – boundaries of unreasonableness – lengthy delay between sentence and Minister's decision – failure by Minister objectively to measure the objective seriousness of offending conduct with countervailing factors going against visa cancellation – decision quashed
Legislation: Constitution ss 64, 75 Migration Act 1958 (Cth) ss 476A, 501
Cases cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 considered Attorney-General for New South Wales v Quin (1990) 170 CLR 1 cited Doody v Secretary of State for the Home Department [1994] 1 AC 531 considered Minister for Aboriginal Affairs v Peko-Wallsend (1986) 162 CLR 24 cited Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 applied Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Stretton v Minister for Immigration and Border Protection (No 2) [2015] FCA 559 followed The Queen v Secretary of State for the Home Department ex parte Handscombe (1987) 86 Cr. App. R. 59 considered The Queen, on the application of the Association of British Civilian Internees (Far East Region) v Secretary of State for Defence [2003] QB 1397 considered The Queen (on the application of Khatun) v Newham LBC [2005] QB 37 considered Groves M and Lee HP, Australian Administrative Law: Fundamentals, Principles and Doctrines (Cambridge University Press, 2007) Lord Wolf, Jowell QC J, Le Sueur A, Donnelly C and Hare I, De Smith's Judicial Review, (7th ed, Sweet & Maxwell, 2013)
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