Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Taniela v Minister for Immigration and Border Protection [2014] FCAFC 104 Citation: Taniela v Minister for Immigration and Border Protection [2014] FCAFC 104
Appeal from: Taniela v Minister for Immigration and Border Protection [2014] FCA 375
Parties: TERRY TANIELA v MINISTER FOR IMMIGRATION AND BORDER PROTECTION
File number: NSD 437 of 2014
Judge: SIOPIS, RARES AND FLICK JJ
Date of judgment: 11 August 2014
Catchwords: MIGRATION – cancellation of visa pursuant to s 501 of Migration Act 1958 (Cth) – where non-citizen failed character test – whether limitations upon power to deport in s 201 of the Act limit the availability of the power to cancel a visa under s 501 – whether any inconsistency between ss 201 and 501 of the Act – whether power to cancel visa was properly exercised by the Tribunal
Legislation: Constitution of the Commonwealth s 51(xix), (xxvii)
Cases cited: Horta v Commonwealth (1994) 181 CLR 183 Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom [2006] HCA 50, (2006) 228 CLR 566 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Taniela v Minister for Immigration and Border Protection [2014] FCA 375
Date of hearing: 11 August 2014
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 23
Solicitor for the Appellant: The appellant appeared via telephone-link
Solicitor for the Respondent: Clayton Utz
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 437 of 2014
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