CFT15 v Minister for Immigration and Border Protection [2016] FCA 283

FEDERAL COURT OF AUSTRALIA

CFT15 v Minister for Immigration and Border Protection [2016] FCA 283 File number: VID 690 of 2015

Judge: DAVIES J

Date of judgment: 23 March 2016

Catchwords: MIGRATION – judicial review of Minister's decision to cancel applicant's visa on character grounds pursuant to Migration Act 1958 (Cth) s 501(2) – application for extension of time – merits of proposed application – where applicant convicted of offences of a sexual nature – consideration of risk of reoffending – whether non-refoulement obligations to applicant – whether exercise of discretion legally unreasonable – application dismissed

Legislation: Migration Act 1958 (Cth) s 501

Cases cited: Ayoub v Minister for Immigration and Border Protection (2015) 231 FCR 513; [2015] FCAFC 83 Bridges v Minister for Immigration and Multicultural Affairs (2001) 114 FCR 456; [2001] FCA 1647 Evans v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 180 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11

Date of hearing: 25 February 2016

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 28

Counsel for the Applicant: R Sorensen

Solicitor for the Applicant: Goz Chambers Lawyers

Counsel for the Respondent: W Mosley

Solicitor for the Respondent: Australian Government Solicitor

ORDERS VID 690 of 2015

BETWEEN: CFT15 Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION Respondent