Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Home Affairs v Buadromo [2018] FCAFC 151 Appeal from: Buadromo v Minister for Immigration and Border Protection [2017] FCA 1592
File number: NSD 107 of 2018
Judges: BESANKO, BARKER AND BROMwich JJ
Date of judgment: 14 September 2018
Catchwords: MIGRATION – appeal from orders by a judge of this Court – where primary judge made an order setting aside a decision of the Assistant Minister for Immigration and Border Protection (Assistant Minister) and an order remitting the matter to the Assistant Minister for redetermination in accordance with the law – where Assistant Minister's decision made pursuant to s 501CA(4) of the Migration Act 1958 (Cth) and was a decision not to revoke a decision to cancel the respondent's visa – where Assistant Minister appeals to this Court against the primary judge's orders – whether the primary judged erred in finding that the Parliamentary Secretary had not given proper, genuine and realistic consideration to the respondent's claims – whether the primary judge erred in concluding that there was no evidence to support the Parliamentary Secretary's conclusion, or that the conclusion was otherwise illogical or irrational
Legislation: Acts Interpretation Act 1901 (Cth) s 25D Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 501, 501CA, 501G
Cases cited: Abebe v Commonwealth of Australia [1999] HCA 14; (1999) 197 CLR 510 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 Australian Energy Regulator v Australian Competition Tribunal (No 2) [2017] FCAFC 79; (2017) 255 FCR 274 BCR16 v Minister for Immigration and Border Protection [2017] FCAFC 96; (2017) 248 FCR 456 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; (2017) 252 FCR 352 Dunn v Minister for Immigration and Border Protection [2016] FCA 489 Falzon v Minister for Immigration and Border Protection [2018] HCA 2; (2018) 93 ALJR 201 Gaspar v Minister for Immigration and Border Protection [2016] FCA 1166; (2016) 153 ALD 337 Goundar v Minister for Immigration and Border Protection [2016] FCA 1203 Khan v Minister for Immigration and Ethnic Affairs [1987] FCA 457; (1987) 14 ALD 291 King v Minister for Immigration and Border Protection [2014] FCA 766; (2014) ALD 305 Marzano v Minister for Immigration and Border Protection [2017] FCAFC 66; (2017) 250 FCR 548 Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; (2010) 243 CLR 164 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs v SGLB [2004] HCA 32; (2004) 78 ALJR 992 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1; (2000) 74 ALJR 405 Re Minister for Immigration and Multicultural and Indigenous Affairs, Ex parte Palme [2003] HCA 56; (2003) 216 CLR 212 Swift v SAS Trustee Corporation [2010] NSWCA 182; (2010) 6 ASTLR 339 Tickner v Chapman [1995] FCA 987; (1995) 57 FCR 451
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