Terry Taniela v Minister for Immigration and Border Protection
[2014] HCASL 242
TERRY TANIELA
v
MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR
[2014] HCASL 242
S239/2014
The applicant is a citizen of New Zealand. On 31 May 2013, a delegate of the first respondent cancelled his Special Category (Temporary) (Class TY) visa on the basis that he no longer satisfied the character test in s 501 of the Migration Act 1958 (Cth) ("the Act") .
On 4 September 2013, the Administrative Appeals Tribunal ("the Tribunal") affirmed the decision of the delegate. The Tribunal concluded that the applicant posed an "unacceptable" risk to the Australian community and that this outweighed considerations in favour of his visa not being cancelled.
On 15 April 2014, the Federal Court of Australia (Perry J) dismissed an application for judicial review of the Tribunal's decision. The applicant's contention that s 201 of the Act protected and exempted him from being deported to New Zealand was rejected on the basis that s 201 did not limit the availability of a power under s 501 of the Act to cancel a visa. Perry J also held that the applicant had not established the existence of any jurisdictional error.
On 11 August 2014, the Full Court of the Federal Court of Australia (Siopis, Rares and Flick JJ) dismissed the applicant's appeal against the decision of Perry J, holding that the applicant had failed to identify any jurisdictional error.
The applicant now seeks special leave to appeal to this Court. The applicant's draft notice of appeal and written case recite grounds that have been considered and rejected by both Courts below and fail to identify any jurisdictional error in the Full Court's decision. The principal contention is inconsistent with previous authorities of this Court. The applicant does not have any prospects of success in this Court. Special leave is refused.
Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.
S.M. Kiefel
11 December 2014P.A. Keane
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