Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BSJ16 v Minister for Immigration and Border Protection [2016] FCA 1181 File number: VID 740 of 2016
Judge: MOSHINSKY J
Date of judgment: 6 October 2016
Catchwords: MIGRATION – cancellation of visa on character grounds where substantial criminal record – request for revocation of cancellation decision under s 501CA of the Migration Act 1958 (Cth) – decision by Minister not to revoke cancellation decision – whether decision legally unreasonable due to failure to assess likelihood of re-offending – whether decision legally unreasonable due to failure to differentiate between historical violent offences and recent dishonesty offences – whether Minister had regard to an irrelevant consideration namely the punitive effect of visa cancellation
Legislation: Migration Act 1958 (Cth), ss 501, 501CA Migration Amendment (Character and General Visa Cancellation) Act 2014 (Cth)
Cases cited: Applicant in WAD 230/2014 v Minister for Immigration and Border Protection (No 2) (2015) 148 ALD 117 Ayoub v Minister for Immigration and Border Protection (2015) 231 FCR 513 AZAFQ v Minister for Immigration and Border Protection [2016] FCAFC 105 BCR16 v Minister for Immigration and Border Protection [2016] FCA 965 Brown v Minister for Immigration and Border Protection (2015) 235 FCR 88 Caltex Oil (Australasia) Pty Ltd v Best (1990) 170 CLR 516 Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1 Djalic v Minister for Immigration and Multicultural Affairs (2004) 139 FCR 292 Le v Minister for Immigration and Border Protection [2015] FCA 1018 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 Citizenship v SZMDS (2010) 240 CLR 611 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 NBMZ v Minister for Immigration and Border Protection (2014) 220 FCR 1 Picard v Minister for Immigration and Border Protection [2015] FCA 1430 Roesner v Minister for Immigration and Border Protection [2015] FCAFC 132 Tanielu v Minister for Immigration and Border Protection (2014) 225 FCR 424 Te Puke v Minister for Immigration and Border Protection (2015) 230 FCR 499
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