DAF18 v Minister for Home Affairs [2018] FCA 1367

FEDERAL COURT OF AUSTRALIA

DAF18 v Minister for Home Affairs [2018] FCA 1367 File number: NSD 984 of 2018

Judge: RARES J

Date of judgment: 27 August 2018

Catchwords: MIGRATION – judicial review – whether Minister's decision not to revoke cancellation decision pursuant to Migration Act 1958 (Cth) s 501CA(4) affected by jurisdictional error by failing to take into account relevant considerations – where applicant's visa cancelled on character grounds under s 501(3A)

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

Cases cited: Al-Kateb v Godwin (2004) 219 CLR 562 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259

Date of hearing: 27 August 2018

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 36

Counsel for the Applicant: The applicant appeared in person assisted by an interpreter

Counsel for the Respondent: Ms R Francois

Solicitor for the Respondent: Mills Oakley Lawyers

ORDERS NSD 984 of 2018

BETWEEN: DAF18 Applicant

AND: MINISTER FOR HOME AFFAIRS Respondent

JUDGE: RARES J DATE OF ORDER: 27 AUGUST 2018

THE COURT ORDERS THAT:

1. The proceedings be dismissed. 2. The applicant pay the respondent's costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

(REVISED FROM THE TRANSCRIPT)

RARES J: 1 On 8 August 2016, a delegate of the Minister decided under s 501(3A) of the Migration Act 1958 (Cth) to cancel the applicant's humanitarian class XB subclass 202 global special visa. The applicant received notice of the cancellation on 10 August 2016 and through his solicitor migration agent made representations to the Minister on 7 September 2016 seeking that he exercise his discretion under s 501CA(4) of the Act to revoke the original decision.