ADMINISTRATIVE LAW - application for leave to appeal out of time from orders dismissing application for judicial review - decision not to revoke mandatory cancellation of visa - character test - substantial criminal record - s 501(3A) of Migration Act 1958 (Cth) - application dismissed with proposed "Falzon" ground stood over for determination after High Court decision
ADMINISTRATIVE LAW - alleged denial of procedural fairness - alleged failure to make an obvious inquiry about a critical fact - failure of decision-maker to obtain pre-sentence report in relation to risk of re-offending - practical injustice - failure to exercise jurisdiction - held: no obligation to obtain pre-sentence report in all the circumstances - held: no practical injustice or breach of procedural fairness - held: limited obligation upon administrative decision-maker to make inquiries - held: no jurisdictional error by failure to exercise jurisdiction - held: leave to appeal on both proposed new appeal grounds refused
ADMINISTRATIVE LAW - use of word "privilege" in reasons of the decision-maker in relation to status of visa-holder - alleged jurisdictional error - whether decision in Minister for Immigration and Border Protection v Tesic [2017] FCAFC 93 should be followed or await outcome of application for special leave to appeal - held: Tesic decision followed; no delay pending High Court special leave application appropriate - held: leave to appeal on proposed appeal ground refused
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