DDN17 v Minister for Immigration and Border Protection [2018] FCA 126

FEDERAL COURT OF AUSTRALIA

DDN17 v Minister for Immigration and Border Protection [2018] FCA 1126 File number: VID 401 of 2017

Judge: TRACEY J

Date of judgment: 31 July 2018

Catchwords: MIGRATION – application for judicial review of a decision of the Assistant Minister for Immigration and Border Protection to exercise his discretion to cancel the applicant's visa because he had failed the character test under s 501(2) of the Migration Act 1958 (Cth) – where the applicant had held a Class XB Subclass 200 Refugee and Humanitarian visa – where the applicant failed the character test because he had been sentenced to a period of imprisonment of more than 12 months – where the Minister found it was unnecessary to determine whether non-refoulement obligations were owed because the applicant could apply for a protection visa – whether the Minister's decision was affected by jurisdictional error – consideration of BCR16 v Minister for Immigration and Border Protection (2017) 248 FCR 456; [2017] FCAFC 96

Legislation: Migration Act 1958 (Cth) ss 501(2), 501(3A), 501(6)(a), 501(7)(c), 501CA(4)

Cases cited: BCR16 v Minister for Immigration and Border Protection (2017) 248 FCR 456; [2017] FCAFC 96 BHA17 v Minister for Immigration and Border Protection [2017] FCA 1288 Minister for Immigration and Border Protection v BHA17 [2018] FCAFC 68 Minister for Immigration and Border Protection v BRCR16 [2017] HCA Trans 240 Steyn v Minister for Immigration and Border Protection [2017] FCA 1131

Date of hearing: 1 May 2018

Registry: Victoria