Federal Court of Australia
Federal Court of Australia
Hunt v Minister for Home Affairs [2021] FCA 507 File number(s): QUD 285 of 2020
Judgment of: COLLIER J
Date of judgment: 14 May 2021
Catchwords: MIGRATION – judicial review of the Minister's decision to cancel applicant's visa on character grounds pursuant to s 501(2) of the Migration Act 1958 (Cth) – where applicant was convicted of a range of criminal offences, including one of manslaughter – where applicant was a citizen of New Zealand – whether the respondent failed to engage in a genuine consideration of the permanent exclusion of the applicant from Australia that would flow from a cancellation decision – whether the respondent has genuinely considered the human consequences of the permanent exclusion of the applicant by cancellation of his visa, referable to his ties to Australia – where Minister delayed in cancelling the applicant's visa – undisturbed passage of seven years since last offending – consideration of the broader consequences of the elapse of this lengthy period of time.
Legislation: Migration Act 1958 (Cth) ss 5, 198, 501(2), 501E
Cases cited: CGA15 v Minister for Home Affairs (2019) 268 FCR 362; [2019] FCAFC 46 Gater v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 104 Hands v Minister for Immigration and Border Protection (2018) 267 FCR 628; [2018] FCAFC 225 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123; [2018] HCA 34 Meyrick v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 209 Minister for Home Affairs v Brown (2020) 275 FCR 188 [2020] FCAFC 21 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158; [2016] FCAFC 28 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1; [2016] FCAFC 11 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; [2019] HCA 3 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 610; [2010] HCA 16 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CBW20 [2021] FCAFC 63 Swannick v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 165
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