Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Durani v Minister for Immigration and Border Protection [2014] FCAFC 79 Citation: Durani v Minister for Immigration and Border Protection [2014] FCAFC 79
Appeal from: Durani v Minister for Immigration and Border Protection [2014] FCA 129
Parties: SUHAIL AHMAD DURANI v MINISTER FOR IMMIGRATION AND BORDER PROTECTION
File number: WAD 67 of 2014
Judges: BESANKO, BARKER AND ROBERTSON JJ
Date of judgment: 4 July 2014
Catchwords: MIGRATION – judicial review of decision of the Minister, acting personally, to set aside a decision of the Administrative Appeals Tribunal not to cancel the appellant's visa, and then to make a decision to cancel the appellant's visa under s 501A(2) of the Migration Act 1958 (Cth) where the Minister was satisfied that the cancellation was in the national interest – whether denial of procedural fairness by failure to inform appellant of the considerations which the Minister regarded as being relevant and the grounds on which he was considering making a determination adverse to the appellant – whether Minister fettered the exercise of his discretion.
Legislation: Migration Act 1958 (Cth) ss 476A, 501A
Cases cited: Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Coulton v Holcombe (1986) 162 CLR 1 Durani v Western Australia [2012] WASCA 172 Gbojueh v Minister for Immigration and Citizenship [2012] FCA 288; (2012) 202 FCR 417 Maurangi v Bowen [2012] FCA 15; (2012) 200 FCR 191 Metwally v University of Wollongong (1985) 60 ALR 68; (1985) 59 ALJR 481 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; (2011) 241 CLR 594 NBMZ v Minister for Immigration and Border Protection [2014] FCAFC 38; (2014) 307 ALR 49 NBNB v Minister for Immigration and Border Protection [2014] FCAFC 39; (2014) 307 ALR 90 Plaintiff S156/2013 v Minister for Immigration and Border Protection [2014] HCA 22 Re Durani and Minister for Immigration and Citizenship [2013] AATA 273 Ruatita v Minister for Immigration and Citizenship [2013] FCA 542; (2013) 212 FCR 364 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; (2006) 228 CLR 152 Tewao v Minister for Immigration and Citizenship [2012] FCAFC 39; (2012) 126 ALD 185
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