Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sabado v Minister for Home Affairs [2020] FCA 458 File number: NSD 1789 of 2019
Judge: WIGNEY J
Date of judgment: 9 April 2020
Catchwords: MIGRATION – visa cancellation – where applicant's visa mandatorily cancelled – where the Minister declined to revoke the visa cancellation – where applicant did not pass the character test – whether there was another reason why the cancellation should be revoked – application dismissed ADMINISTRATIVE LAW – legal unreasonableness – where Minister concluded there was a risk the applicant would re-offend – whether decision was illogical, irrational or unreasonable
Legislation: Migration Act 1958 (Cth) ss 501(3A), 501CA(4), 501CA(4)(b)(i), 501CA(4)(b)(ii), 501(6)(a)
Cases cited: Dunn v Minister for Immigration and Border Protection [2016] FCA 489 Minister for Immigration and Border Protection v DRP17 (2018) 267 FCR 492; FCAFC 198 Minister for Immigration and Border Protection v Maioha (2018) 267 FCR 643; FCAFC 216 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99; FCA 317 Muggeridge v Minister for Immigration and Border Protection (2017) 255 FCR 81; FCAFC 200 Sabado v Minister for Home Affairs [2019] FCA 26
Date of hearing: 12 March 2020
Registry: New South Wales
Division: General Division
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