Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Donnelly v Minister for Immigration and Border Protection [2019] FCA 798 File number: WAD 586 of 2016
Judge: BANKS-SMITH J
Date of judgment: 31 May 2019
Catchwords: MIGRATION - application for extension of time for review - visa cancellation where person serving sentence of imprisonment - cancellation under s 501(3A) of the Migration Act 1958 (Cth) - where substantial criminal record - convictions include manslaughter and aggravated sexual offending - Minister's discretion to revoke cancellation - whether Minister failed to give proper consideration to representation that conviction secured in circumstance of corruption - whether Minister failed to give proper consideration to grant of parole - where cancellation decision made over 20 years after offence committed - where parole cancelled for breach - where applicant interstate and at large for long period in breach of parole - whether Minister failed to give proper consideration to circumstances of return to prison - whether applicant denied procedural fairness - where ongoing proceedings regarding cancellation of applicant's citizenship approval - whether Minister failed to give consideration to claims relating to revocation of citizenship approval - extension granted - no jurisdictional error
Legislation: Australian Citizenship Act 2007 (Cth) s 25(2) Migration Act 1958 (Cth) ss 477, 477A, 501(3A), 501CA Sentence Administration Act 2003 (WA) s 5B Federal Court Rules 2011 (Cth) Div 4.2
Cases cited: Afu v Minister for Home Affairs [2018] FCA 1311 BCF16 v Minister for Immigration and Border Protection [2019] FCA 19 CFTJ15 v Minister for Immigration and Border Protection [2016] FCA 283 Coker v Minister for Immigration and Border Protection [2017] FCA 929 Falzon v Minister for Immigration and Border Protection [2018] HCA 2; (2018) 262 CLR 333 Hossain v Minister for Immigration and Border Protection [2018] HCA 34 Hunter Valley Developments Pty Ltd v Cohen, Minister for Home Affairs and Environment (1984) 3 FCR 344 HZCP v Minister for Immigration and Border Protection [2018] FCA 1803 Koranteng v Minister for Immigration and Border Protection [2017] FCA 1008 Lois Nominees Pty Ltd v Hill [No 2] [2016] WASC 104 Maxwell v Minister for Immigration and Border Protection [2016] FCA 47; (2016) 249 FCR 275 Minister for Home Affairs v Buadromo [2018] FCAFC 151 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3 Minister for Immigration and Border Protection v Tesic [2017] FCAFC 93; (2017) 251 FCR 23 Muggeridge v Minister for Immigration and Border Protection [2017] FCAFC 200; (2017) 255 FCR 81 MZYYO v Minister for Immigration and Citizenship [2013] FCA 49; (2013) 214 FCR 68 Pallett v Commonwealth of Australia, Department of Human Services - Centrelink [2017] FCA 1132 Picard v Minister for Immigration and Border Protection [2015] FCA 1430 Raibevu v Minister for Home Affairs [2018] FCA 2052 Secretary to the Department of Justice and Regulation v LLF [2018] VSCA 155 Stowers v Minister for Immigration and Border Protection [2018] FCAFC 174 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116
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