Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Border Protection v Lesianawai [2014] FCAFC 141 Citation: Minister for Immigration and Border Protection v Lesianawai [2014] FCAFC 141
Appeal from: Lesianawai v Minister for Immigration and Border Protection [2014] FCA 402
Parties: MINISTER FOR IMMIGRATION AND BORDER PROTECTION v RATU NOULU ORVILLE LESIANAWAI and ADMINISTRATIVE APPEALS TRIBUNAL
File number(s): NSD 474 of 2014
Judge(s): BUCHANAN, PERRY AND GLEESON JJ
Date of judgment: 27 October 2014
Catchwords: MIGRATION – appeal from a single judge of the Federal Court of Australia – where primary judge set aside a decision of the Administrative Appeals Tribunal ("AAT") for jurisdictional error – where AAT affirmed cancellation of respondent's visa under s 501 of the Migration Act 1958 (Cth) – whether the AAT followed Ministerial Direction 55 – whether the AAT expressed the view that the visa cancellation power was unfettered – whether the AAT committed jurisdictional error.
Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 43(1) Administrative Decisions (Judicial Review) Act 1977 (Cth) Migration Act 1958 (Cth), ss 476A, 496, 499, 499(1), 499(2), 499(2A), 500, 501, 501(2), 501(6), 501(7) Direction no. 55 – Visa refusal and cancellation under s501 (Cth), cll 5, 6, 7, 8, 9, 10
Cases cited: Baker v Minister for Immigration and Citizenship [2012] FCAFC 145 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Craig v South Australia (1995) 184 CLR 163 FTZK v Minister for Immigration and Border Protection [2014] HCA 26, (2014) 88 ALJR 754, (2014) 310 ALR 1 House v Defence Force Retirement and Death Benefits Authority (2011) 193 FCR 112 Lesianawai v Minister for Immigration and Border Protection [2014] FCA 402 L and Minister for Immigration and Border Protection [2014] AATA 3 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Ethnic Affairs v Pochi (1980) 44 FLR 41 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 228 CLR 566 Paerau v Minister for Immigration and Border Protection (2014) 219 FCR 504 Salahuddin v Minister for Immigration and Border Protection [2013] FCAFC 141 Sean Investments Pty Ltd v MacKellar (1981) 38 ALR 363 Shi v Migration Agents Registration Authority (2008) 235 CLR 286 Williams v Minister for Immigration and Border Protection [2014] FCA 674
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