Minister for Immigration and Citizenship v Paeu

[2012] FCA 550

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Citizenship v Paeu [2012] FCA 550

Citation:

Minister for Immigration and Citizenship v Paeu [2012] FCA 550

Appeal from:

Paeu v Minister for Immigration and Citizenship [2011] AATA 792

Parties:

MINISTER FOR IMMIGRATION AND CITIZENSHIP v LASALO PAEU and ADMINISTRATIVE APPEALS TRIBUNAL

File number:

NSD 2284 of 2011

Judges:

BUCHANAN  J

Date of judgment:

29 May 2012

Catchwords:

MIGRATION – discretion to cancel visa – discretion to be exercised according to Ministerial Direction – Direction [41] – whether the presence of prior criminal activity prohibits reliance on length of residence in Australia

ADMINISTRATIVE LAW – jurisdictional error – reasons for decision on review should not be construed minutely – no jurisdictional error – application dismissed

Legislation:

Administrative Appeals Tribunal Act 1975 (Cth)
Federal Court Rules 2011
Migration Act 1958 (Cth)

Direction [no. 41] – Visa refusal and cancellation under s501

Cases cited:

Collector of Customs v Pozzolanic Enterprises Pty Ltd; Collector of Customs v Pressure Tankers Pty Ltd (1993) 43 FCR 280
Craig v The State of South Australia (1995) 184 CLR 163
Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259
Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323

Date of hearing:

17 May 2012

Place:

Sydney

Division:

GENERAL DIVISION

Category:

Catchwords

Number of paragraphs:

23

Counsel for the Applicant:

Ms N L Sharp

Solicitor for the Applicant:

Sparke Helmore Lawyers

Counsel for the First Respondent:

Mr D J Hand

Counsel for the Second Respondent:

The second respondent submitted save as to costs.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 2284 of 2011

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
Applicant

AND:

LASALO PAEU
First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent

JUDGE:	BUCHANAN  J
DATE OF ORDER:	17 MAY 2012
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed with costs.

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 2284 of 2011

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
Applicant

AND:

LASALO PAEU
First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent

JUDGE:	BUCHANAN  J
DATE:	29 MAY 2012
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. At the conclusion of the hearing of this application I ordered that the application be dismissed with costs.  The following are my reasons for making that order.

2. The applicant sought judicial review of a decision of the Administrative Appeals Tribunal (“the AAT”) constituted under the Administrative Appeals Tribunal Act 1975 (Cth). The AAT had set aside a decision made by a delegate of the applicant (“the Minister”) to cancel Mr Paeu’s visa pursuant to s 501(2) of the Migration Act 1958 (Cth) (“the Act”). As was accepted in written submissions filed for the Minister, the application could only succeed if it was established that the decision of the…