Le v Minister for Immigration and Border Protection [2015] FCA 1018

FEDERAL COURT OF AUSTRALIA

Le v Minister for Immigration and Border Protection [2015] FCA 1018 Citation: Le v Minister for Immigration and Border Protection [2015] FCA 1018

Parties: VAN LINH LE v MINISTER FOR IMMIGRATION AND BORDER PROTECTION

File number: QUD 554 of 2014

Judge: RANGIAH J

Date of judgment: 16 September 2015

Catchwords: MIGRATION – Minister's decision to cancel visa – where applicant failed character test – whether Minister failed to take into account relevant consideration – where applicant had lost Vietnamese nationality – where applicant would face indefinite detention – failure to take into account legal consequence of decision – jurisdictional error – application allowed

Legislation: Migration Act 1958 (Cth) ss 195, 195A, 476A(1)(c), 501(2), 501(6), 501(7) and 501(7)(c)

Cases cited: Al-Kateb v Godwin (2004) 219 CLR 562 cited Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 cited Foster v Minister for Customs and Justice (2000) 200 CLR 442 cited Khan v Minister for Immigration and Ethnic Affairs (1987) 14 ALD 291 cited Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; 243 CLR 164 cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited Minister for Immigration and Multicultural and Indigenous Affairs v Huynh (2004) 139 FCR 505 applied Moana v Minister for Immigration and Border Protection [2015] FCAFC 54 considered NBMZ v Minister for Immigration and Border Protection (2014) 220 FCR 1 applied NBNB v Minister for Immigration and Border Protection (2014) 220 FCR 44 applied Swift v SAS Trustee Corporation [2010] NSWCA 182 cited