Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Renzullo v Assistant Minister for Immigration and Border Protection [2016] FCA 412 File number: WAD 405 of 2015
Judge: MCKERRACHER J
Date of judgment: 22 April 2016
Catchwords: ADMINISTRATIVE LAW – judicial review of Assistant Minister's decision to cancel respondent's visa on character grounds pursuant to s 501(2) of the Migration Act 1958 (Cth) – jurisdictional error – whether the decision was so unreasonable that no decision-maker acting reasonably could have made it – whether the decision was so illogical or irrational or both that no rational or logical decision-maker could have made it – whether the decision was so disproportionate an exercise of the power under s 501(2) of the Migration Act 1958 (Cth) that the decision was irrational and unreasonable – where applicant has significant criminal history including convictions of child sex offences – where applicant's criminal history substantially related to substance abuse – where applicant has lived in Australia for the vast majority of his life – where visa cancellation would involve considerable hardship for the applicant and the applicant's family MIGRATION – application for extension of time – general principles in relation to application for extension of time under s 477A(2) of the Migration Act 1958 (Cth) – whether the application for an extension of time is necessary in the interests of the administration of justice – application for extension of time refused
Legislation: Migration Act 1958 (Cth) ss 476A(1)(c), 477A, 501
Cases cited: AUK15 v Minister for Immigration and Border Protection [2015] FCA 938 AZF15 v Minister for Immigration and Border Protection [2016] FCA 373 Brown v Minister for Immigration and Border Protection [2015] FCAFC 141 Cotterill v Minister for Immigration and Border Protection [2015] FCA 802 Gabriel v Minister for Immigration and Border Protection [2015] FCA 474 Gbojueh v Minister for Immigration and Border Protection [2015] FCAFC 43 McCloy v New South Wales (2015) 325 ALR 15 Minister for Immigration and Border Protection v Eden [2016] FCAFC 28 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 228 CLR 566 Moana v Minister for Immigration and Border Protection (2015) 230 FCR 367 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 NBNB v Minister for Immigration and Border Protection (2014) 220 FCR 44 Stretton v Minister for Immigration and Border Protection (No 2) (2015) 231 FCR 36 Te Puke v Minister for Immigration and Border Protection (2015) 230 FCR 499 WASB v Minister for Immigration and Citizenship (2013) 217 FCR 292
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