Picard v Minister for Immigration and Border Protection [2015] FCA 1430

FEDERAL COURT OF AUSTRALIA

Picard v Minister for Immigration and Border Protection [2015] FCA 1430 Citation: Picard v Minister for Immigration and Border Protection [2015] FCA 1430

Parties: COLIN DAVID PICARD v MINISTER FOR IMMIGRATION AND BORDER PROTECTION

File number: TAD 45 of 2015

Judge: TRACEY J

Date of judgment: 16 December 2015

Catchwords: MIGRATION – judicial review of Minister's decision under s 501CA(4) of the Migration Act 1958 (Cth) not to revoke delegate's decision to cancel applicant's visa for failure to pass the character test – where applicant serving a sentence of imprisonment – whether applicant denied procedural fairness – whether Minister obliged to put to the applicant the Australian Crime Commission's opinion that the Rebels Motor Cycle Club had links to organised crime in Australia - whether Minister obliged to put to the applicant reason for refusal of revocation included possibility that applicant intends to ride with those with links to organised crime

Legislation: Migration Act 1958 (Cth) ss 499, 501(3A), 501(6)(a), 501(7)(c), 501CA(2), 501CA(3), 501CA(4), 501CA(4)(b)(ii), 501CA(5)

Cases cited: Applicants M1015/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1309 – cited Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 – cited Minister for Immigration and Border Protection v WZARH [2015] HCA 40 – cited Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 – cited Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Palme (2003) 216 CLR 212 – cited Somaghi v Minister for Immigration, Local Government and Ethnic Affairs (1991) 31 FCR 100 – cited SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 – cited VHAP of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 80 ALD 559 – cited Waniewska v Minister for Immigration and Ethnic Affairs (1986) 70 ALR 284 – cited