Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Stowers v Minister for Immigration and Border Protection [2018] FCAFC 174 Appeal from: Stowers v Minister for Immigration and Border Protection [2018] FCA 485
File number: NSD 714 of 2018
Judges: FLICK, GRIFFITHS AND DERRINGTON JJ
Date of judgment: 12 October 2018
Catchwords: MIGRATION – appeal from a decision of a single Justice of the Federal Court of Australia – where the Assistant Minister determined under s 501CA(4) of the Migration Act (Cth) (the Act) not to revoke a mandatory decision to cancel the appellant's visa under s 501(3A) of the Act – where the appellant was provided with material which he was told might be taken into account in making the decision whether to revoke the visa cancellation decision – whether the primary judge erred in finding that there was no procedural unfairness – whether the appellant was given practical, direct and non-misleading advice as to how material disclosed to him might be used by the Assistant Minister – Held: appeal allowed, with costs
Legislation: Migration Act 1958 (Cth), ss 499, 501(3A), 501(6)(a), 501(7)(c), 501CA, 501G Crimes (Sentencing Procedure Act) 1999 (NSW), s 10A
Cases cited: Attorney-General (NSW) v Quin (1990) 170 CLR 1 Commissioner of ACT Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Minister for Immigration and Border Protection v WZARH [2015] HCA 40; 256 CLR 326 Minister for Immigration and Citizenship v SZQHH [2012] FCAFC 45; 200 FCR 223 Mobil Oil Australia Pty Ltd v Federal Commissioner of Taxation (1963) 113 CLR 475 NBNB v Minister for Immigration and Border Protection [2014] FCAFC 39; 220 FCR 44 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1 Splendido v Assistant Minister for Immigration and Border Protection (No 2) [2018] FCA 1158 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152 SZQNO v Minister for Immigration and Citizenship [2012] FCA 326 Traill v McRae [2002] FCAFC 235; 122 FCR 349
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