Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Parker v Minister for Immigration and Border Protection [2016] FCA 938 File number: NSD 625 of 2016
Judge: KATZMANN J
Date of judgment: 12 August 2016
Catchwords: MIGRATION — Cancellation of visa on character grounds under s 501(2) of Migration Act 1958 (Cth) — applicant with substantial criminal record as defined in s 501(7) — decision of Minister personally — where Minister's delegate previously exercised discretion not to cancel visa but applicant warned that matter would be reconsidered if he committed a further offence — applicant convicted of a further offence — Minister took into account further offence in deciding to exercise discretion to cancel visa — where applicant's most recent conviction annulled after Minister's decision — whether jurisdictional error to take it into account — whether Minister's decision was so unreasonable no reasonable person would have made it
Legislation: Migration Act 1958 (Cth) ss 477A, 501(2), 501(6), 501(7), 501(10) Crimes (Appeal and Review) Act 2001 (NSW) ss 4, 10
Cases cited: Minister for Immigration and Border Protection v Eden [2016] FCAFC 28 Ngaronoa v Minister for Immigration & Citizenship [2007] FCA 1565 Ngaronoa v Minister for Immigration and Citizenship (2007) 244 ALR 119; [2007] FCAFC 196 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Shi v Migration Agents Registration Authority (2008) 235 CLR 286
Date of hearing: 26 July 2016
Registry: New South Wales
Division: General Division
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