Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Candemir v Minister for Home Affairs [2019] FCAFC 33 Appeal from: Candemir v Minister for Home Affairs [2018] FCA 1360
File number: NSD 1856 of 2018
Judges: COLLIER, ROBERTSON AND THAWLEY JJ
Date of judgment: 26 February 2019
Catchwords: MIGRATION – appeal from judgment of a judge of the Federal Court of Australia dismissing an application for judicial review of the Minister's decision to cancel the appellant's visa pursuant to s 501BA of the Migration Act 1958 (Cth) – whether the primary judge erred in rejecting the appellant's submission that the Minister failed to consider relevant issues, particularly events occurring between the date of the decision of the Administrative Appeals Tribunal and the date of the Minister's decision, and whether the appellant was an "absorbed person" – whether the primary judge erred in rejecting the appellant's submission that the Minister was required to treat as a primary consideration the interests of a child of the appellant who was over 18 years of age but dependent on the appellant – whether the primary judge erred in rejecting the appellant's submission that the Minister exercised his power for an improper purpose, by setting aside the decision of the Administrative Appeals Tribunal where, the appellant submitted, that could only be done by an exercise of judicial power or where there was new evidence
Legislation: Judiciary Act 1903 (Cth) s 78B Migration Act 1958 (Cth) ss 501BA, 501CA Migration Regulations 1994 (Cth) reg 1.03
Cases cited: Anaki v Minister for Immigration and Border Protection [2018] FCAFC 195 Australian Competition and Consumer Commission v C G Berbatis Holdings Pty Ltd [1999] FCA 1151; 95 FCR 292 Deputy Commissioner of Taxation v Warrick (No 2) [2004] FCA 918; 56 ATR 371 DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12; 258 FCR 551 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216 Minister for Immigration and Ethnic Affairs v Teoh [1995] HCA 20; 183 CLR 273 Minister for Immigration Multicultural and Indigenous Affairs v Nystrom [2006] HCA 50; 228 CLR 566 Ozer v Minister for Home Affairs [2019] FCA 104 Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50; 258 CLR 173
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