Federal Court of Australia
Federal Court of Australia
Daniell v Minister for Home Affairs [2021] FCA 41 File number: QUD 298 of 2020
Judgment of: LOGAN J
Date of judgment: 1 February 2021
Catchwords: MIGRATION – mandatory cancellation of Absorbed Person visa – applicant made representations about revocation of cancellation – applicant is a citizen of the United Kingdom – applicant came to Australia in 1953 and has not since returned to the United Kingdom – whether applicant is an alien – whether the Minister for Home Affairs (the Minister) failed to meaningfully consider the hardships that would be suffered by the applicant's wife were he to be removed to the United Kingdom – whether the Minister failed to meaningfully consider the extent of impediments the applicant would face were he to be removed to the United Kingdom – whether the Minister failed to give sufficient weight to the factors in favour of revocation of the cancellation of the applicant's visa – whether the Minister failed to give weight to, or rejected, the "almost non-existent" risk of the applicant re-offending
Legislation: Constitution s 51 Migration Act 1958 (Cth) ss 501, 501CA Commonwealth of Australia Constitution Act 1900 (Imp)
Cases cited: Attorney-General (NSW) v Quin (1990) 170 CLR 1 Love v Commonwealth (2020) 94 ALJR 198 Marbury v Madison 5 US (1 Cranch) 137 (1803) Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Home Affairs v DUA16 (2020) 95 ALJR 54 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 164 Nolan v Minister for Immigration and Ethnic Affairs (1988) 165 CLR 178 Re Minister for Immigration and Multicultural Affairs; Ex parte Te (2002) 212 CLR 162 Re Patterson; Ex parte Taylor (2001) 207 CLR 391 Shaw v Minister for Immigration and Multicultural Affairs (2003) 218 CLR 28 Swift v SAS Trustee Corporation [2010] NSWCA 182
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