Long v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 218

Long v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 218

The Minister failed to consider the best interests of the appellant's children as a primary consideration, instead only considering whether cancellation and removal would be detrimental to them. This was a failure to take into account a relevant consideration, amounting to jurisdictional error. As a result, the appeal was allowed, the order cancelling the visa was quashed, and the Minister was restrained from acting on it.

Parties
Appellant: Brian Long; Respondent: Minister for Immigration & Multicultural & Indigenous Affairs
Jurisdiction
Australia
Judgment Date
08 September 2003
Procedural Posture
Appeal / Appeal From a Decision of a Judge of the Federal Court of Australia
Outcome
appeal allowed
Legal Topics
Visa Cancellation, Jurisdictional Error, Procedural Fairness, Best Interests of the Child, Character Test, Aliens Power
Migration Law Constitutional Law Administrative Law Visa Cancellation Jurisdictional Error Procedural Fairness Best Interests of the Child Character Test +1 more

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Parties

Brian Long

Appellant

Minister for Immigration & Multicultural & Indigenous Affairs

Respondent

Procedural Posture

Appeal / Appeal From a Decision of a Judge of the Federal Court of Australia

Legal Issues

  1. 1 Whether the Minister failed to take into account the best interests of the appellant's children as a primary consideration when deciding to cancel the appellant's visa
  2. 2 Whether the Minister's failure constituted jurisdictional error
  3. 3 Whether the Minister had the constitutional power to cancel the visa in relation to the status of the appellant as an 'alien'

Ratio Decidendi

The Minister failed to consider the best interests of the appellant's children as a primary consideration, instead only considering whether cancellation and removal would be detrimental to them. This was a failure to take into account a relevant consideration, amounting to jurisdictional error. As a result, the appeal was allowed, the order cancelling the visa was quashed, and the Minister was restrained from acting on it.

Court Disposition

appeal allowed

Orders

  • The appeal be allowed.
  • The orders made on 19 November 2002 be set aside.