Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tupkovic v Minister for Immigration and Border Protection [2017] FCA 73 File number: NSD 1803 of 2016
Judge: ROBERTSON J
Date of judgment: 9 February 2017
Catchwords: MIGRATION – Migration Act 1958 (Cth) s 501CA – cancellation of visa – Minister's discretion whether to revoke decision under s 501(3A) to cancel visa – judicial review of Assistant Minister's decision not to revoke original decision to cancel visa – in considering protecting the Australian community the Assistant Minister "took into consideration that remaining in Australia is a privilege that Australia confers on non-citizens in the expectation they are law abiding – in his conclusion, the Assistant Minister said he was mindful of the principle that persons who commit serious crimes should expect to forfeit the privilege of remaining in Australia – whether Assistant Minister failed to properly exercise his discretion under s 501CA by erroneously applying an alleged "principle" that persons who commit serious crimes should expect to forfeit the "privilege" of remaining in Australia – whether Assistant Minister's decision was affected by legal unreasonableness by: a) misconstruing an evaluation of the risk of reoffending; and b) failing to take into account a relevant consideration
Legislation: Migration Act 1958 (Cth) s 501CA
Cases cited: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union v Abigroup Contractors Pty Ltd [2013] FCAFC 148 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Stretton v Minister for Immigration and Border Protection [2016] HCATrans 200 SZTAP v Minister for Immigration and Border Protection [2015] FCAFC 175; 238 FCR 404 Tesic v Minister for Immigration and Border Protection [2016] FCA 1465
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