Berney v Minister for Immigration and Border Protection [2016] FCA 1544

FEDERAL COURT OF AUSTRALIA

Berney v Minister for Immigration and Border Protection [2016] FCA 1544 File number: QUD 850 of 2016

Judge: COLLIER J

Date of judgment: 20 December 2016

Catchwords: MIGRATION – application for extension of time to appeal from decision of Minister – application for judicial review of decision of Minister – whether Minister erred in refusing to revoke visa cancellation under s 501CA(4) Migration Act 1958 (Cth) (Migration Act) – visa cancelled pursuant to s 501(3A) Migration Act – long history of criminal offending – offending continued after repeated warnings that further criminal convictions could result in cancellation of visa – risk to Australian community outweighed factors supporting revocation of visa cancellation decision – Minister carefully considered applicant's circumstances – decision of Minister not unreasonable or illogical –applicant not entitled to an "absorbed person" visa under s 34 Migration Act – application for judicial review refused

Legislation: Migration Act 1958 (Cth) ss 34, 499, 501, 501(3A), 501(6)(a), 501CA, 501CA(4), 501CA(4)(b)(i)

Cases cited: Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Picard v Minister for Immigration and Border Protection [2015] FCA 1430 Poroa v Minister for Immigration and Border Protection [2015] FCA 1313 Tusitala v Assistant Minister for Immigration and Border Protection [2015] FCA 1188

Date of hearing: 7 December 2016

Registry: Queensland

Division: General Division