Dao v Minister For Home Affairs [2020] FCA 1136

FEDERAL COURT OF AUSTRALIA

Dao v Minister For Home Affairs [2020] FCA 1136 Appeal from: Application for judicial review of an Administrative Appeal Tribunal decision, delivered on 21 May 2018 by Senior Member D.J. Morris

File number: VID 739 of 2018

Judge: ANASTASSIOU J

Date of judgment: 10 August 2020

Catchwords: MIGRATION – application for judicial review of decision of the Administrative Appeals Tribunal – Tribunal affirmed decision of delegate of respondent – applicant sentenced to 18 year term of imprisonment – whether Tribunal erred in considering risk of reoffending on release when release minimum six years in the future – whether Tribunal misconstrued argument concerning 'present' versus 'future' risk of offending – whether tribunal erred in considering itself to be without power to remit the matter to the delegate with a direction to reconsider it closer to the applicant's release date, as provided by s 43(1)(c)(ii) of the Administrative Appeals Tribunal Act 1975 (Cth) – application dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 43(1)(c)(ii) Legal Aid Act 1978 (Vic) Migration Act 1958 (Cth) ss 499, 501(3A), (6)(a), and 501CA(4) Migration Regulations 1994, reg 2.52

Cases cited: Bayley v Nixon and Victoria Legal Aid [2015] VSC 744 Fualau v Minister for Home Affairs [2019] FCA 1545 Gaspar v Minister for Immigration and Border Protection [2016] FCA 1166; 153 ALD 337 GD18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1463 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259