Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Walker v Minister for Home Affairs [2020] FCA 909 File number: NSD 250 of 2020
Judge: BROMWICH J
Date of judgment: 30 June 2020
Catchwords: MIGRATION – application for judicial review of a decision by the Minister for Home Affairs not to revoke the mandatory cancellation of the applicant's visa under section 501CA of the Migration Act 1958 (Cth) – common ground applicant did not pass the character test in s 501 by reason of serving a full-time sentence of imprisonment after pleading guilty to manslaughter, burglary and robbery in company – use of the phrase 'limited stay visa' was factually and legally incorrect, but not a jurisdictional error, or if it was a jurisdictional error it was not material in the sense of realistically producing a different result – Minister did not fail to make a finding on a significant representation – jurisdictional error in that it was irrational and legally unreasonable to use past non-violent conduct to find a risk of future violent conduct – Minister's decision set aside – representation that visa cancellation be revoked be reconsidered according to law.
Legislation: Migration Act 1958 (Cth) s 501, s 501CA
Cases cited: Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Home Affairs v Omar [2019] FCAFC 188; 373 ALR 569
Date of hearing: 17 June 2020
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 42
Counsel for the Applicant: Mr D Hughes
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