Stevens v Minister for Immigration and Border Protection [2016] FCA 1280

FEDERAL COURT OF AUSTRALIA

Stevens v Minister for Immigration and Border Protection [2016] FCA 1280 File number: SAD 164 of 2016

Judge: CHARLESWORTH J

Date of judgment: 2 November 2016

Catchwords: ADMINISTRATIVE LAW — statute preventing applicant for judicial review obtaining all documents taken into account by administrative decision-maker — applicant for review unable to discharge onus of demonstrating certain grounds for judicial review without reference to the withheld materials — practical implications for court exercising powers on judicial review MIGRATION — cancellation of visa under s 501(3) of the Migration Act 1958 (Cth) – state of mind required by Minister — differences between powers conferred under s 501(2) and s 501(3) — whether Minister was required to consider certain statutory consequences of the cancellation decision — whether Minister required to assess seriousness of visa holder's past offending — whether Minister required to consider risk of harm posed by visa holder to the Australian community — whether Minister's decision affected by legal unreasonableness — allegation of legal unreasonableness to be assessed in a statutory context where Minister required to form a reasonable suspicion that the visa holder did not pass the character test — Minister not required to form positive state of satisfaction that visa holder did not pass the character test — implications for the ultimate exercise of the Minister's discretion

Legislation: Federal Court of Australia Act 1976 (Cth), s 20(1A) Judiciary Act 1903 (Cth), s 39B(1) Migration Act 1958 (Cth), ss 424A, 430, 496, 501, 501A, 501C, 501G, 503A, 503C