Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216 Appeal from: Maioha v Minister for Immigration and Border Protection [2018] FCA 1016
File number: NSD 1344 of 2018
Judges: RARES, FLICK AND ROBERTSON JJ
Date of judgment: 5 December 2018
Catchwords: MIGRATION – appeal from single judge of the Court allowing an application for judicial review of the decision of the Assistant Minister, acting personally, not to revoke the decision to cancel the then applicant's visa on character grounds – Assistant Minister not satisfied that there was another reason why the original decision should be revoked – whether failure on the part of the Assistant Minister to have regard to a mandatory relevant consideration – whether failure on the part of the Assistant Minister to consider two particular representations: that the respondent would have nowhere to live and no money if required to return to New Zealand and that the respondent was a victim of domestic violence
Legislation: Migration Act 1958 (Cth) s 501CA(4)
Cases cited: Ali v Minister for Immigration and Border Protection [2018] FCA 650 BSJ16 v Minister for Immigration and Border Protection [2017] FCAFC 78; 252 FCR 82 Buadromo v Minister for Immigration and Border Protection [2017] FCA 1592 BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 Folau v Minister for Immigration and Border Protection [2017] FCAFC 214; 158 ALD 394 Fraser v Minister for Immigration and Border Protection [2014] FCA 1333 Goundar v Minister for Immigration and Border Protection [2016] FCA 1203 Hay v Minister for Home Affairs [2018] FCAFC 149 Hooton v Minister for Home Affairs [2018] FCAFC 142 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 Minister for Home Affairs v Buadromo [2018] FCAFC 151 Minister for Immigration and Border Protection v DRP17 [2018] FCAFC 198 Minister for Immigration and Border Protection v Sabharwal [2018] FCAFC 160 Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; 243 CLR 164 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Picard v Minister for Immigration and Border Protection [2015] FCA 1430 Swift v SAS Trustee Corporation [2010] NSWCA 182; 6 ASTLR 339 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116
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