“Taking a Sledgehammer to Crack a Nut”? - Federal Circuit Court “Quashes” Minister’s Decision to Cancel Sex Offender’s Visa on Character Grounds
Issues concerning sexual abuse of children and removing people who are seen to pose a risk to the Australian community have been very prominent in the news media in recent weeks. The on-going enquiry of the Royal Commission into Institutional Child Sexual Abuse, and the Abbott Government’s proposals to strip Australian citizenship from dual nationals who fight for the “Islamic State” have certainly brought considerable public attention to both of these issues.
Indeed, my own article on the Migration Alliance blog concerning the case of Gjoubeh v Minister for Immigration and Border Protection (2015) FCAFC 883, in which the Full Court of the Federal Court affirmed the Minister’s decision to cancel a humanitarian visa held by a foreign national who was convicted of raping a minor child undoubtedly prompted the most passionate commentary from readers of the blog than the discussion of any other case that I have reviewed.
It is therefore both timely and worthwhile to discuss a recent decision of Justice Logan of the Federal Court which overturned the Minister’s decision to cancel a visa held by another person who was convicted of a sex offence, Stretton v Minister for Immigration and Border Protection (No 2) (2015) FCA 559 (5 June 2015).
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