Folau v Minister for Immigration and Border Protection [2016] FCA 1149

FEDERAL COURT OF AUSTRALIA

Folau v Minister for Immigration and Border Protection [2016] FCA 1149 File number: VID 343 of 2016

Judge: PAGONE J

Date of judgment: 22 September 2016

Catchwords: MIGRATION – cancellation of visa on character grounds – consideration of likelihood applicant would reoffend – whether Minister's consideration of sovereign right an irrelevant consideration – punitive effect of visa cancellation – proper, genuine and realistic consideration of merits

Legislation: Migration Act 1958 (Cth) Federal Court Rules 2011 (Cth)

Cases cited: Ayoub v Minister for Immigration and Border Protection (2015) 231 FCR 513 AZAFQ v Minister for Immigration and Border Protection [2016] FCAFC 105 Buchwald v Minister for Immigration and Border Protection [2016] FCA 101 Chu Kheng Lim v Minister Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1 Djalic v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 139 FCR 292 Maxwell v Minister for Immigration and Border Protection (2016) 149 ALD 604 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Multicultural and Indigenous Affairs v Huynh (2004) 139 FCR 505 Moana v Minister for Immigration and Border Protection (2015) 230 FCR 367 Navarrete v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1723 NBMZ v Minister for Immigration and Border Protection (2014) 220 FCR 1 Tanielu v Minister for Immigration and Border Protection (2014) 225 FCR 424