Rodchompoo v Minister for Immigration and Border Protection [2018] FCA 965

FEDERAL COURT OF AUSTRALIA

Rodchompoo v Minister for Immigration and Border Protection [2018] FCA 965 File number: WAD 12 of 2017

Judge: MCKERRACHER J

Date of judgment: 28 June 2018

Catchwords: MIGRATION – visa cancellation under s 501 of the Migration Act 1958 (Cth) on character grounds – where the Minister's delegate refused to revoke the mandatory cancellation under s 501CA – where leave was granted for the applicant to amend his grounds of review – whether the Tribunal's adoption of the Minister's Statement of Facts and Contentions constituted jurisdictional error – whether the Tribunal erred by not making inquiries – whether the Tribunal failed to consider mandatory relevant considerations in its assessment of the considerations in Ministerial Direction No. 65 – whether the Tribunal erred in its assessment of the impact on victims based on the evidence, or lack thereof, before it – whether the Tribunal's decision was manifestly unreasonable or irrational – whether greater duties were imposed upon the Tribunal as the applicant was unrepresented – held: grounds dismissed

Legislation: Migration Act 1958 (Cth) ss 501, 501(3A), 501(7), 501CA, 501CA(4)

Cases cited: AMF15 v Minister for Immigration and Border Protection (2016) 241 FCR 30 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Bat Advocacy NSW Inc v Minister for Environment Protection, Heritage & the Arts (2011) 180 LGERA 99 Beaman v Bond [2017] FCAFC 142 Copperwaite v The State of Western Australia [2012] WASCA 224 DQQ17 v Minister for Immigration and Border Protection [2018] FCA 784 Falzon v Minister for Immigration and Border Protection [2018] HCA 2 Hamod v New South Wales [2011] NSWCA 375 Haritos v Federal Commissioner of Taxation (2015) 233 FCR 315 Huluba v Minister for Immigration & Ethnic Affairs (1995) 59 FCR 518 Juneja v Tax Practitioners Board (2017) 72 AAR 407 LVR (WA) Pty Ltd v Administrative Appeals Tribunal (2012) 203 FCR 166 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Citizenship v Le (2007) 164 FCR 151 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZIAI (2009) 83 ALJR 1123 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 MZZZW v Minister for Immigration and Border Protection (2015) 234 FCR 154 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 Rodchompoo v Minister for Immigration and Border Protection [2016] AATA 872 SZOOR v Minister for Immigration and Citizenship (2012) 202 FCR 1 SZRUR v Minister for Immigration and Border Protection (2013) 216 FCR 445 Toura v Minister for Immigration and Border Protection [2017] FCA 1405 Wittensleger v Australian Securities and Investments Commission [2017] FCA 41 YNQY v Minister for Immigration and Border Protection [2017] FCA 1466