Goundar v Minister for Immigration and Border Protection [2016] FCA 1203

FEDERAL COURT OF AUSTRALIA

Goundar v Minister for Immigration and Border Protection [2016] FCA 1203

File number: NSD 1073 of 2016

Judge: ROBERTSON J

Date of judgment: 12 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 error of law – whether failure to take into account a mandatory consideration

Legislation: Migration Act 1958 (Cth) ss 501(3A), 501CA(3), 501CA(4) Migration Regulations 1994 (Cth) reg 2.52 Ministerial Direction No. 65 made under s 499 of the Migration Act Explanatory Memorandum to Migration Amendment (Character and General Visa Cancellation) Bill 2014

Cases cited: Ayoub v Minister for Immigration and Border Protection [2015] FCAFC 83; 231 FCR 513 AZAFQ v Minister for Immigration [2016] FCAFC 105 BCR16 v Minister for Immigration and Border Protection [2016] FCA 965 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 197 ALR 389 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802; 233 FCR 136 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 Minister for Immigration and Border Protection v Le [2016] FCAFC 120 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Multicultural and Indigenous Affairs v Huynh [2004] FCAFC 256; 139 FCR 505 MZYQU v Minister for Immigration and Citizenship [2012] FCA 1032; 206 FCR 191 Picard v Minister for Immigration [2015] FCA 1430 Price v Elder [2000] FCA 133; 97 FCR 218 Wei v Minister for Immigration and Border Protection [2015] HCA 51; 90 ALJR 213