Wilson v Assistant Minister for Immigration and Border Protection [2017] FCA 1337

FEDERAL COURT OF AUSTRALIA

Wilson v Assistant Minister for Immigration and Border Protection [2017] FCA 1337 File number: NSD 536 of 2017

Judge: LEE J

Date of judgment: 17 November 2017

Catchwords: MIGRATION – original jurisdiction – Minister's decision not to revoke a mandatory visa cancellation pursuant to s 501(3A) of the Migration Act 1958 (Cth) – whether non-revocation decision properly considered the best interests of the applicant's child as a primary consideration – whether the reasons for the non-revocation decision properly demonstrated an appropriate weighing of competing considerations – whether the applicant's criminal offending was a 'stand-alone' consideration – no error shown – application dismissed with costs

Legislation: Constitution, Ch III Migration Act 1958 (Cth), ss 499(1), 501(3A), 501CA, 501CA(4)(b)(ii) United Nations Convention on the Rights of the Child. Opened for signature 20 November 1989. 1577 UNTS 3 (entered into force 2 September 1990), art 3

Cases cited: Falzon v Minister for Immigration and Border Protection [2017] HCATrans 230 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Murad v Assistant Minister for Immigration and Border Protection [2017] FCAFC 73 Murad v Assistant Minister for Immigration and Border Protection [2016] FCA 876 Picard v Minister for Immigration and Border Protection [2015] FCA 1430 Re Minister for Immigration and Multicultural Affairs; Ex parte S20/2002 [2003] HCA 30; (2003) 198 ALR 59 Te Puke v Minister for Immigration and Border Protection [2015] FCA 398; (2015) 230 FCR 499 Wan v Minister for Immigration & Multicultural Affairs [2001] FCA 568; (2001) 107 FCR 133