Chen v Minister for Immigration and Border Protection [2017] FCA 46

FEDERAL COURT OF AUSTRALIA

Chen v Minister for Immigration and Border Protection [2017] FCA 46 File number: NSD 1473 of 2016

Judge: BURLEY J

Date of judgment: 3 February 2017

Catchwords: MIGRATION – cancellation of visa on character grounds where substantial criminal record – affirmation by Administrative Appeals Tribunal of decision not to revoke cancellation decision under s 501CA of the Migration Act 1958 (Cth) – whether Tribunal misconstrued the basis of its discretion – whether Tribunal took into account relevant considerations under Ministerial Direction 65 – whether Tribunal breached requirements of natural justice and procedural fairness

Legislation: Migration Act 1958 (Cth) ss 499, 500, 501, 501CA

Cases cited: Ayoub v Minister for Immigration and Border Protection [2015] FCAFC 83; (2015) 231 FCR 513 Baker v Minister for Immigration and Citizenship [2012] FCAFC 145 Berney v Minister for Immigration and Border Protection [2016] FCA 1544 Brown v Minister for Immigration and Border Protection [2015] FCAFC 141; (2015) 235 FCR 88 BSJ16 v Minister for Immigration and Border Protection [2016] FCA 1181 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Moana v Minister for Immigration and Border Protection [2015] FCAFC 54; (2015) 230 FCR 367 Picard v Minister for Immigration and Border Protection [2015] FCA 1430 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63 Tanielu v Minister for Immigration and Border Protection [2014] FCA 673; (2014) 225 FCR 424 Williams v Minister for Immigration and Border Protection [2014] FCA 674; (2014) 226 FCR 112