Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cotterill v Minister for Immigration and Border Protection [2015] FCA 802 Citation: Cotterill v Minister for Immigration and Border Protection [2015] FCA 802
Parties: ALBERT COTTERILL v MINISTER FOR IMMIGRATION AND BORDER PROTECTION
File number: VID 251 of 2015
Judge: PAGONE J
Date of judgment: 7 August 2015
Catchwords: MIGRATION – cancellation of visa – character test – substantial criminal record – non-citizen holder of absorbed person visa – discretion of Minister to cancel visa on character grounds – applicant convicted of serious offences – risk of harm to Australian community – whether decision to cancel visa was unreasonable, illogical or irrational and thereby infected with jurisdictional error – whether decision justifiable on material before Minister – whether Minister failed to give proper or genuine consideration to risk of harm – whether open to find low risk of applicant reoffending
Legislation: Migration Act 1958 (Cth) ss 501(2), 501(6), 501(7)
Cases cited: Applicant in WAD 230/2014 v Minister for Immigration and Border Protection (No 2) [2015] FCA 705 Ayoub v Minister for Immigration and Border Protection [2015] FCAFC 83 Belmorgan Property Development Pty Ltd v GPT Re Ltd (2007) 153 LGERA 450 Coderre v Minister for Immigration and Border Protection [2014] FCA 769 Elias v Commissioner of Taxation (2002) 123 FCR 499 Fraser v Minister for Immigration and Border Protection [2014] FCA 1333 Gbojueh v Minister for Immigration and Border Protection [2014] FCA 883 Graff v Minister for Immigration and Border Protection [2014] FCA 1125 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Multicultural and Indigenous Affairs v Huyhn [2004] FCAFC 256; (2004) 139 FCR 505 Moana v Minister for Immigration and Border Protection [2015] FCAFC 54 Mrayhej v Minister for Immigration and Border Protection (No 2) [2015] FCA 691 NBMZ v Minister for Immigration and Border Protection (2014) 220 FCR 1 Re Lam and Minister for Immigration and Multicultural Affairs [1999] AATA 56; (1999) 28 AAR 431 Stretton v Minister for Immigration and Border Protection (No 2) [2015] FCA 559 Tanielu v Minister for Immigration and Border Protection (2014) 225 FCR 424 Te Puke v Minister for Immigration and Border Protection [2015] FCA 398
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