Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Vili v Assistant Minister for Immigration and Border Protection [2017] FCA 1556 File number: QUD 496 of 2017
Judge: LOGAN J
Date of judgment: 5 December 2017
Catchwords: MIGRATION – application for judicial review of Minister's decision to cancel a visa on character grounds under s 501(2) of the Migration Act 1958 (Cth) – discretionary power of Minister to cancel visa – substantial criminal record – relevant considerations – whether the Minister failed to apply the correct tests in considering the risk of harm, rehabilitation and expectations of the Australian community – whether the Minster failed to give due consideration and appropriate weight to evidence in the applicant's favour – whether Minister required to evaluate likelihood of future harm – whether the Minister erred by failing to have regard to findings made by the sentencing judge – whether the Minister made a finding that was unsupported by evidence – whether the Minister's decision was irrational or illogical – decision is not legally unreasonable – Migration Act 1958 (Cth), s 501(2) – application dismissed. ADMINISTRATIVE LAW – judicial review – jurisdictional error – unreasonableness – whether arbitrary reasoning of decision-maker – application dismissed
Legislation: Migration Act 1958 (Cth) s 501
Cases cited: Ayoub v Minister for Immigration and Border Protection (2015) 231 FCR 513 AZAFQ v Minister for Immigration and Border Protection (2016) 243 FCR 451 Cotterill v Minister for Immigration and Border Protection (2016) 240 FCR 29 Minister for Aboriginal Affairs v Peko-Wallsend (1986) 162 CLR 24 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZVFW (2017) 248 FCR 1 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Multicultural and Indigenous Affairs v Huynh (2004) 139 FCR 505 Moana v Minister for Immigration and Border Protection (2015) 230 FCR 367
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