Coker v Minister for Immigration and Border Protection [2017] FCA 929

FEDERAL COURT OF AUSTRALIA

Coker v Minister for Immigration and Border Protection [2017] FCA 929 File number: VID 1330 of 2016

Judge: MOSHINSKY J

Date of judgment: 15 August 2017

Catchwords: MIGRATION – mandatory cancellation of applicant's visa under s 501(3A) of the Migration Act 1958 (Cth) – decision by Assistant Minister under s 501CA(4) of the Act not to revoke the cancellation decision – whether Assistant Minister constructively failed to exercise his jurisdiction, denied applicant procedural fairness or otherwise failed to carry out his statutory task – application for judicial review allowed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 43 Migration Act 1958 (Cth), ss 36, 501, 501CA Corrective Services Act 2006 (Qld)

Cases cited: BCR16 v Minister for Immigration and Border Protection [2017] FCAFC 96 BSJ16 v Minister for Immigration and Border Protection [2017] FCAFC 78 Buchwald v Minister for Immigration and Border Protection (2016) 242 FCR 65 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107 Craig v South Australia (1995) 184 CLR 163 Dennis Willcox Pty Ltd v Federal Commissioner of Taxation (1988) 79 ALR 267 Marzano v Minister for Immigration and Border Protection [2016] FCA 1180 Marzano v Minister for Immigration and Border Protection [2017] FCAFC 66 Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431 Minister for Immigration and Border Protection v Tesic [2017] FCAFC 93 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99 Minister for Immigration and Multicultural and Indigenous Affairs v Huynh (2004) 139 FCR 505 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 MZZZW v Minister for Immigration and Border Protection (2015) 234 FCR 154 Parker v Minister for Immigration and Border Protection [2017] FCAFC 115 Picard v Minister for Immigration and Border Protection [2015] FCA 1430