Full Court Minute Books

Case S12/2023

Lesianawai v. Minister for Immigration, Citizenship and Multicultural Affairs

Case No.

Case no S12/2023

Case Information

Catchwords

Immigration – Cancellation of Class BF 154 Transitional (Permanent) visa ("visa") – Character test – Plaintiff charged with offences before Children's Court – Misunderstanding of law – Irrelevant considerations – Where between 1996 and 1998, plaintiff found guilty by Children's Court of New South Wales of various offences – Where in 2010 plaintiff sentenced to terms of imprisonment for armed robbery offences – Where on 9 October 2013 delegate of defendant cancelled plaintiff's visa under s 501(2) of Migration Act 1958 (Cth) – Where there has been no merits review because plaintiff did not lodge application with Administrative Appeals Tribunal within prescribed time limits – Where proceedings were held in abeyance pending judgment in Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Thornton [2023] HCA 17 – Whether defendant acted on misunderstanding of law by treating plaintiff's sentences between 1996 and 1998 as criminal convictions – Whether defendant took into account irrelevant consideration by having regard to plaintiff's offences between 1996 and 1998 and treating such conduct as criminal offending.

Documents*

10/02/2023 Application for Constitutional or other writs

13/02/2023 Hearing (Single Justice, Canberra by video connection)

14/02/2023 Order

14/07/2023 Order referring matter to the Full Court

04/08/2023 Written submissions (amended) (Plaintiff)

24/08/2023 Written submissions (Defendant)

31/08/2023 Reply

16/11/2023 Hearing (Full Court, Canberra) (Audio-visual recording

16/11/2023 Outline of oral argument (Plaintiff)

16/11/2023 Outline of oral argument (Defendant)