Lesianawai v Minister for Immigration, Citizenship and Multicultural Affairs

HIGH COURT OF AUSTRALIAGAGELER CJ,GORDON, EDELMAN, GLEESON AND BEECH‑JONES JJISAAC LESIANAWAI  PLAINTIFFANDMINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS  DEFENDANTLesianawai v Minister for Immigration, Citizenship and Multicultural Affairs[2024] HCA 6Date of Hearing: 16 November 2023Date of Judgment: 6 March 2024S12/2023ORDER1.A writ of certiorari issue quashing the decision of the delegate of the defendant made on 9 October 2013 to cancel the plaintiff's Class BF 154 Transitional (Permanent) visa.2.The defendant pay the plaintiff's costs.RepresentationD J Hooke SC with J D Donnelly for the plaintiff (instructed by Zarifi Lawyers)P M Knowles SC with B D Kaplan for the defendant (instructed by Sparke Helmore)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSLesianawai v Minister for Immigration, Citizenship and Multicultural AffairsImmigration – Visas – Cancellation of visa – Where plaintiff found guilty of robbery offences when under 16 years of age before Children's Court of New South Wales – Where plaintiff committed subsequent robbery offences as adult – Where plaintiff's visa cancelled under s 501(2) of Migration Act 1958 (Cth) – Where delegate of Minister took into account "National Police Certificate" that listed robbery offences committed by plaintiff when under 16 years of age – Where "National Police Certificate" described plaintiff as being "convicted" of offences dealt with by Children's Court – Where delegate advised that plaintiff had "serious convictions" from 13 years of age – Where, at time of offending, s 14(1)(a) of Children (Criminal Proceedings) Act 1987 (NSW) prohibited Children's...