Hooton v Minister for Immigration and Border Protection [2017] FCA 586

FEDERAL COURT OF AUSTRALIA

Hooton v Minister for Immigration and Border Protection [2017] FCA 586

File number: WAD 527 of 2016

Judge: BARKER J

Date of judgment: 29 May 2017

Catchwords: MIGRATION – application for review of decision not to revoke decision to mandatorily cancel applicant's visa – visa cancellation decision made under s 501(3A) of the Migration Act 1958 (Cth) – where applicant did not pass character test on ground that he had a substantial criminal record – whether Minister fell into jurisdictional error – whether Minister failed to have regard to a relevant consideration when assessing risk to Australian community – application of the Community Protection (Offender Reporting) Act 2004 (WA) – constitutional validity of s 501(3A) to be determined

Legislation: Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) s 50(3) Federal Circuit Court of Australia Act 1999 (Cth) s 39(1) Migration Act 1958 (Cth) ss 501(3A), 501(7)(a), 501(7)(b), 501(7)(c), 501CA, 501CA(3)(b), 501CA(4), 501CA(4)(a), 501CA(4)(b)(i), 501CA(4)(b)(ii) Community Protection (Offender Reporting) Act 2004 (WA) ss 6, 9, 28, s 39(1) Criminal Code Act Compilation Act 1913 (WA) s 220

Cases cited: Buchwald v Minister for Immigration and Border Protection (2016) 242 FCR 65; [2016] FCA 101 Falzon v Minister for Immigration and Border Protection [2017] HCA Trans 84 (11 April 2017) Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40