Rodchompoo v Minister for Home Affairs [2018] FCAFC 215

FEDERAL COURT OF AUSTRALIA

Rodchompoo v Minister for Home Affairs [2018] FCAFC 215 Appeal from: Rodchompoo v Minister for Immigration and Border Protection [2018] FCA 965

File number: WAD 321 of 2018

Judges: BARKER, PERRY AND BANKS-SMITH JJ

Date of judgment: 28 November 2018

Catchwords: MIGRATION – appeal from Federal Court of Australia – where appellant's class BF transitional (permanent) visa cancelled on character grounds pursuant to s 501(3A) of the Migration Act 1958 (Cth) – where delegate of the Minister for Home Affairs refused to revoke visa cancellation – where Administrative Appeals Tribunal affirmed delegate's decision – where primary judge dismissed application for judicial review of the Tribunal's decision – where appellant's adjournment request in this Court refused – where Tribunal's decision adopted much of Minister's written submission – whether error disclosed in reasons of primary judge – appeal dismissed

Legislation: Constitution Ch III Migration Act 1958 (Cth) ss 500(1)(ba), 501(3A), 501(6), 501(7), 501CA(4) Federal Court Rules 2011 (Cth)

Cases cited: Falzon v Minister for Immigration and Border Protection (2018) 351 ALR 61; [2018] HCA 2 Juneja and Anor v Tax Practitioners Board (2017) 72 AAR 407; [2017] FCA 908 LVR (WA) Pty Ltd and Another v Administrative Appeals Tribunal and Another (2012) 203 FCR 166; [2012] FCAFC 90 Minister for Immigration and Citizenship v Li and Another (2013) 249 CLR 332; [2013] HCA 18 Toura v Minister for Immigration and Border Protection [2017] FCA 1405