Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tesic v Minister for Immigration and Border Protection [2016] FCA 1465 File number: QUD 688 of 2016
Judge: COLLIER J
Date of judgment: 7 December 2016
Catchwords: MIGRATION – appellant charged with trafficking in dangerous drugs – sentenced to seven years in prison – visa cancelled under s 501(3A) Migration Act 1958 (Cth) (Migration Act) while imprisoned – substantial criminal record under s 501(7)(c) Migration Act – Minister made decision personally to cancel visa – whether appellant aware that Minister was to make decision personally – whether the "privilege" of remaining in Australia relevant principle in decision pursuant to s 501CA Migration Act – whether Minister failed to take into account appellant's correct criminal record – whether this failure amounted to jurisdictional error – "possibility" that correct criminal history may have affected Minister's decision – appeal allowed
Legislation: Migration Act 1958 (Cth) ss 476A, 476A(1)(c), 501, 501(2), 501(3A), 501(6), 501(7), 501(7)(c), 501A(2), 501CA, 501CA(4), 501CA(4)(b)(i), 501CA(4)(b)(ii) Migration Reform (Transitional Provisions) Regulations 1994 (Cth)
Cases cited: Australian Retailers Association v Reserve Bank of Australia [2005] FCA 1707 AZAFQ v Minister for Immigration and Border Protection [2016] FCAFC 105 Chandra v Webber (2010) 270 ALR 393 Gbojueh v Minister for Immigration (2012) 202 FCR 417 Gondarra v Minister for Families, Housing, Community Services and Indigenous Affairs [2012] FCA 185 Lu v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 141 FCR 346 Mentink v Minister for Justice [2015] FCA 1094 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Ruatita v Minister for Immigration and Citizenship (2013) 212 FCR 364 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZFDE v Minister for Immigration and Citizenship (2007) 232 CLR 189 SZSXT v Minister for Immigration and Border Protection (2014) 222 FCR 73 Tanielu v Minister for Immigration and Border Protection [2014] FCA 673
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