Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gaspar v Minister for Immigration and Border Protection [2016] FCA 1166 File number: VID 536 of 2016
Judge: NORTH ACJ
Date of judgment: 28 September 2016
Catchwords: MIGRATION - automatic visa cancellation under s 501(3A) Migration Act – refusal to revoke cancellation decision under s 501CA(4) – statutory construction – whether or not s 501CA(4) confers residual discretion – meaning of 'may' where Act requires decision-maker to be satisfied of jurisdictional facts ADMINISTRATIVE LAW – judicial review – constructive failure to exercise jurisdiction – whether or not Minister undertook a genuine or substantive assessment of the risk of re-offending – whether or not there was an evident and intelligible basis for finding that applicant posed an unacceptable risk
Legislation: Acts Interpretation Act 1901 (Cth) s 33(2A) Migration Act 1958 (Cth) ss 501(3A), 501CA(4)
Cases cited: Finance Facilities Pty Ltd v Federal Commissioner of Taxation [1971] HCA 12; (1971) 127 CLR 106 Hogan v Australian Crime Commission [2010] HCA 21 Mitchell v R [1996] HCA 45; (1996) 184 CLR 333 Picard v Minister for Immigration and Border Protection [2015] FCA 1430 Samad v District Court (NSW) [2002] HCA 24; (2002) 209 CLR 140 Ward v Williams (1954-1955) 92 CLR 496
Date of hearing: 14 September 2016
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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