Graham v Minister for Immigration and Border Protection [2016] FCA 682

FEDERAL COURT OF AUSTRALIA

Graham v Minister for Immigration and Border Protection [2016] FCA 682 File number: TAD 29 of 2015

Judge: TRACEY J

Date of judgment: 9 June 2016

Catchwords: MIGRATION – application for review of decision made by the Minister personally to cancel applicant's visa pursuant to s 501(3) of the Migration Act 1958 (Cth) – where Minister found that the applicant failed the character test under s 501(6)(b) – whether the Minister exercised his power to cancel the applicant's visa on the erroneous footing that the applicant would have a meaningful opportunity to make representations seeking the revocation of the decision – whether invitation to make representations futile because applicant could not pass the character test because he had been sentenced to a term of imprisonment of more than 12 months

Legislation: Migration Act 1958 (Cth) ss 501, 501(3), 501(5), 501(6)(a), 501(6)(b), 501(6)(d)(v), 501(7)(c), 501A, 501A(3), 501C, 501C(1)(b), 501C(2), 501C(3), 501C(3)(b), 501C(4)(b), 501CA, 501CA(2)

Cases cited: Applicants M1015/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1309 – cited NBMW v Minister for Immigration (No 2) (2014) 222 FCR 376 – distinguished Picard v Minister for Immigration and Border Protection [2015] FCA 1430 – cited Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 – cited Re Patterson; Ex parte Taylor (2001) 207 CLR 391 – applied Tanielu v Minister for Immigration and Border Protection (2014) 226 FCR 154 – followed Vella v Minister for Immigration and Border Protection (2015) 230 FCR 61 – cited VHAP of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 80 ALD 559 – cited