Griffiths v Minister for Immigration and Border Protection [2018] FCA 629

FEDERAL COURT OF AUSTRALIA

Griffiths v Minister for Immigration and Border Protection [2018] FCA 629 Appeal from: Griffiths v Minister for Immigration and Border Protection (No 2) [2017] FCCA 441

File number: NSD 451 of 2017

Judge: GRIFFITHS J

Date of judgment: 11 May 2018

Catchwords: MIGRATION – appeal from a judgment of the Federal Circuit Court of Australia – where the appellant was convicted of a criminal offence and sentenced to 12 months imprisonment – where the appellant's visa was mandatorily cancelled under s 501(3A) of the Migration Act 1958 (Cth) (Act) – whether the primary judge erred in determining the Assistant Minister's decision under s 501CA of the Act to not revoke the visa cancellation decision was not affected by jurisdictional error – held: appeal dismissed, with costs

Legislation: Migration Act 1958 (Cth), ss 34, 148, 501, 501CA

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; 236 FCR 593 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 234 ALR 173 Drake v Minister for Immigration and Ethnic Affairs (No 2) [1979] AATA 179; 2 ALD 634 Hui v Commonwealth [2011] FCA 69 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Muggeridge v Minister for Immigration and Border Protection [2017] FCAFC 200 Nguyen v Minister for Immigration & Multicultural Affairs [2000] FCA 1265; 101 FCR 20 Ogbonna v Minister for Immigration and Border Protection [2018] FCA 620 Stretton v Minister for Immigration and Border Protection (No 2) [2015] FCA 559 Tesic v Minister for Immigration and Border Protection [2016] FCA 1465 Wozniak v Minister for Immigration and Border Protection [2017] FCA 44