Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hooton v Minister for Home Affairs [2018] FCAFC 142 Appeal from: Hooton v Minister for Immigration and Border Protection (No 2) [2018] FCA 274
File number: WAD 96 of 2018
Judges: ROBERTSON, STEWARD AND THAWLEY JJ
Date of judgment: 30 August 2018
Catchwords: MIGRATION – appeal from orders of a judge of the Federal Court of Australia – decision by Minister under s 501CA(4) of the Migration Act 1958 (Cth) not to revoke original decision under s 501(3A) – appellant convicted of using a carriage service to access child pornography material and possessing child exploitation material for which he was sentenced on each charge to concurrent terms of 20 months imprisonment – where Minister not satisfied that there was another reason why the original decision should be revoked – whether primary judge erred in concluding that the Minister's failure to take into account the Community Protection (Offender Reporting) Act 2004 (WA) did not involve jurisdictional error
Legislation: Community Protection (Offender Reporting) Act 2004 (WA) ss 24, 26, 63, 64, 67 Migration Act 1958 (Cth) ss 501, 501CA(4)
Cases cited: BSJ16 v Minister for Immigration and Border Protection [2017] FCAFC 78; 252 FCR 82 Folau v Minister for Immigration and Border Protection [2017] FCAFC 214; 158 ALD 394 Foster v Minister for Customs and Justice [2000] HCA 38; 200 CLR 442 Goundar v Minister for Immigration and Border Protection [2016] FCA 1203 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 Minister for Immigration and Border Protection v BHA17 [2018] FCAFC 68 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 Moana v Minister for Immigration and Border Protection [2015] FCAFC 54; 230 FCR 367 Muggeridge v Minister for Immigration and Border Protection [2017] FCAFC 200; 255 FCR 81 NBNB v Minister for Immigration and Border Protection [2014] FCAFC 39; 220 FCR 44 Repatriation Commission v Patterson [2006] FCAFC 165; 94 ALD 66 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116
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