Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Maxwell v Minister for Immigration and Border Protection [2016] FCA 47 File number: SAD 194 of 2015
Judge: PERRY J
Date of judgment: 8 February 2016
Catchwords: MIGRATION – application for judicial review of Minister's decision to cancel a visa on character grounds under s 501(2) of the Migration Act 1958 (Cth) – whether Assistant Minister is the Minister for the purposes of the Act - whether the Minister failed to consider evidence and supporting material independently – whether the Minister failed to apply the correct tests in considering the risk of harm, rehabilitation and expectations of the Australian community – whether the Minister failed to give due consideration and appropriate weight to evidence in the applicant's favour – whether the Minister made a decision based on no evidence – application dismissed
Legislation: Acts Interpretation Act 1901 (Cth) s 19A Constitution ss 64, 65 Migration Act 1958 (Cth) ss 476A, 499 501(2), 501(6), 501(7)(c), 501G(1)(e) Public Service Act 1999 (Cth) s 10
Cases cited: Ayoub v Minister for Immigration and Border Protection [2015] FCAFC 83; (2015) 231 FCR 513 AZAFQ v Minister for Immigration and Border Protection [2015] FCA 681 Griffiths v Minister for Immigration [2003] FMCA 249; (2003) 176 FLR 272 Javillonar v Minister for Immigration and Multicultural Affairs [2001] FCA 311; (2001) 114 FCR 311 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Multicultural and Indigenous Affairs v Griffiths [2004] FCAFC 22 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 207 ALR 12 Moana v Minister for Immigration and Border Protection [2015] FCAFC 54; (2015) 230 FCR 367 NBMZ v Minister for Immigration and Border Protection [2014] FCAFC 38; (2014) 220 FCR 1 Brown v Minister for Immigration and Border Protection [2015] FCAFC 141 Re Minister for Immigration and Multicultural and Indigenous Affairs; ex parte Applicant S20/2002 [2003] HCA 30; (2003) 198 ALR 59 Sean Investments Pty Ltd v MacKellar (1981) 38 ALR 363 Stretton v Minister for Immigration and Border Protection (No 2) [2015] FCA 559; (2015) 231 FCR 36 SZAPC v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 995 Tanielu v Minister for Immigration and Border Protection [2014] FCA 673; (2014) 225 FCR 424 VAS v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 350
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