Timu v Minister for Immigration and Border Protection [2018] FCAFC 161

FEDERAL COURT OF AUSTRALIA

Timu v Minister for Immigration and Border Protection [2018] FCAFC 161 Appeal from: Timu v Minister for Immigration and Border Protection [2018] FCA 214

File number: WAD 127 of 2018

Judges: MCKERRACHER, FARRELL AND BANKS-SMITH JJ

Date of judgment: 21 September 2018

Catchwords: MIGRATION – appeal from a decision of a Judge of the Federal Court of Australia – primary judge dismissed application for judicial review of a decision of the Assistant Minister for Immigration and Border Protection to refuse to revoke the cancellation of a visa under s 501(3A) of the Migration Act 1958 (Cth) – whether the appeal should be adjourned to enable the appellant to obtain legal representation – whether primary judge's refusal to adjourn judicial review application was procedurally unfair – whether, in making his decision under s 501CA(4), the Assistant Minister considered the appellant's ties to Australia – whether Assistant Minister considered the impact of the revocation of the appellant's visa on his children and family – appeal dismissed

Legislation: Child Support Assessment Act 1989 (Cth) Migration Act 1958 (Cth) ss 501, 501CA

Cases cited: Attorney-General (NSW) v Quin (1990) 170 CLR 1 Buchwald v Minister for Immigration and Border Protection (2016) 242 FCR 65; [2016] FCA 101 Hossam v Minister for Immigration and Border Protection (2016) 70 AAR 320; [2016] FCA 1161 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 238 FCR 588; [2004] FCAFC 158

Date of hearing: 15 August 2018

Registry: Western Australia