Raibevu v Minister for Home Affairs [2018] FCA 2052

FEDERAL COURT OF AUSTRALIA

Raibevu v Minister for Home Affairs [2018] FCA 2052 File number: NSD 1638 of 2018

Judge: FLICK J

Date of judgment: 28 December 2018

Catchwords: MIGRATION – mandatory visa cancellation – where visa cancelled on character grounds – where Assistant Minister decided not to revoke original decision – whether decision of the Assistant Minister unreasonable – whether Assistant Minister erred in failing to consider certain evidence – whether Assistant Minister required to make explicit reference to certain matters in his reasons for decision – whether Assistant Minister failed to give appropriate consideration to the risk of reoffending and the risk to the Australian community ADMINISTRATIVE LAW – no obligation to consider every statement in every annexure to a departmental submission

Legislation: Migration Act 1958 (Cth) ss 477A, 501, 501CA, Migration Amendment (Character and General Visa Cancellation) Act 2014 (Cth)

Cases cited: Air Nelson Ltd v Minister of Transport [2008] NZCA 26, [2008] NZAR 139 Ali v Minister for Home Affairs [2018] FCA 1693 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184, (2003) 236 FCR 593 Attorney-General (NSW) v Quin (1990) 170 CLR 1 BCR16 v Minister for Immigration and Border Protection [2016] FCA 965 BSJ16 v Minister for Immigration and Border Protection [2017] FCAFC 78, (2017) 252 FCR 82 Goundar v Minister for Immigration and Border Protection [2016] FCA 1203 Lyons v Minister for Immigration and Border Protection [2017] FCA 1381 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16, (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30, (2001) 206 CLR 323 Mowatt v Minister for Home Affairs (No 2) [2018] FCA 1157 Parker v Minister for Immigration and Border Protection [2017] FCA 314