Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hands v Minister for Immigration and Border Protection [2018] FCAFC 225 Appeal from: Hands v Minister for Immigration and Border Protection [2018] FCA 662
File number: NSD 997 of 2018
Judges: ALLSOP CJ, MARKOVIC AND STEWARD JJ
Date of judgment: 17 December 2018
Catchwords: MIGRATION – mandatory cancellation of absorbed person visa under s 501(3A) of the Migration Act 1958 (Cth) – decision not to revoke cancellation under s 501CA(4) of the Migration Act 1958 (Cth) – central finding of fact without any underlying material to found it – jurisdictional error – recognition of importance of family and community for Indigenous Australians – matter remitted to the Minister
Legislation: Migration Act 1958 (Cth)
Cases cited: Ali v Minister for Immigration and Border Protection [2018] FCA 650 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; 236 FCR 593 Attorney-General (Cth) v Queensland (1990) 25 FCR 125 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 Eatock v Bolt [2011] FCA 1103; 197 FCR 261 Goundar v Minister for Immigration and Border Protection [2016] FCA 1203 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 357 ALR 408 Roesner v Minister for Immigration and Border Protection [2015] FCAFC 132 Shaw v Wolf [1998] FCA 389; 83 FCR 113
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