Dunn v Minister for Immigration and Border Protection [2016] FCA 489

FEDERAL COURT OF AUSTRALIA

Dunn v Minister for Immigration and Border Protection [2016] FCA 489 File number: VID 827 of 2015

Judge: NORTH ACJ

Date of judgment: 10 May 2016

Catchwords: MIGRATION – automatic cancellation of Class TY Subclass 444 Special Category (Temporary) visa under s 501(3A) of Migration Act 1958 (Cth) – applicant convicted of serious crime and did not pass character test – decision to refuse to revoke cancellation under s 501CA(4) – exercise of discretion under s 501CA(4) – whether jurisdictional errors in decision of Minister – Held: no evidence for critical finding that if applicant reoffended he posed a risk to Australian community, amounting to jurisdictional error – decision of Minister quashed.

Legislation: Acts Interpretation Act 1901 (Cth) s 25D Migration Act 1958 (Cth) ss 501(3A), 501CA(4), 501G

Date of hearing: 17 March 2016

Date of last submissions: 28 April 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: Mr G Gilbert

Solicitor for the Applicant: Clothier Anderson & Associates

Counsel for the Respondent: Mr R Knowles

Solicitor for the Respondent: Australian Government Solicitor

ORDERS VID 827 of 2015

BETWEEN: CLIVE RONALD DUNN Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION Respondent

JUDGE: NORTH ACJ DATE OF ORDER: 10 MAY 2016

THE COURT ORDERS THAT:

1. The decision of the respondent to refuse to revoke the cancellation of the applicant's Class TY Subclass 444 Special Category (Temporary) visa made on 2 September 2015 is quashed. 2. The respondent is to pay the applicant's costs of the application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.