Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Martin v Minister for Immigration and Border Protection [2017] FCAFC 118 Appeal from: Martin v Minister for Immigration and Border Protection [2017] FCA 1
File number: NSD 139 of 2017
Judges: REEVES, ROBERTSON AND RANGIAH JJ
Date of judgment: 8 August 2017
Catchwords: ADMINISTRATIVE LAW – judicial review under s 39B of the Judiciary Act 1903 (Cth) of the Minister's decision not to revoke, pursuant to s 501CA(4) of the Migration Act 1958 (Cth), cancellation of the appellant's visa MIGRATION – appeal – orders of primary judge dismissing an application for judicial review under s 39B of the Judiciary Act 1903 (Cth) of the Minister's decision not to revoke, pursuant to s 501CA(4) of the Migration Act 1958 (Cth), cancellation of the appellant's visa – whether the primary judge erred in finding no jurisdictional error on the part of the Minister – application to raise new grounds of appeal where the Minister referred to remaining in Australia as a privilege that Australia confers on non-citizens in the expectation they are law abiding and stated he was mindful of the "principle" that persons who commit serious crimes "should expect to forfeit the privilege of remaining in Australia" – whether the appellant should be granted leave to rely on grounds not raised before the primary judge – grounds sought to be raised in reliance on Tesic v Minister for Immigration and Border Protection [2016] FCA 1465 where appeal from that judgment allowed in Minister for Immigration and Border Protection v Tesic [2017] FCAFC 93
Legislation: Migration Act 1958 (Cth) ss 501, 501(3A), 501CA(4)
Cases cited: Tesic v the Minister for Immigration and Border Protection [2016] FCA 1465 Minister for Immigration and Border Protection v Tesic [2017] FCAFC 93 Plaintiff M64/2015 v Minister for Immigration & Border Protection [2015] HCA 50; 258 CLR 173 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; 238 FCR 588
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