Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ali v Minister for Home Affairs [2019] FCAFC 93 Appeal from: Ali v Minister for Home Affairs [2018] FCA 1895
File number: NSD 2302 of 2018
Judges: JAGOT, BURLEY AND LEE JJ
Date of judgment: 4 June 2019
Catchwords: MIGRATION – where visa cancelled pursuant to s 501(3A) Migration Act 1958 (Cth) – whether a sentence of imprisonment suspended on a bond to be taken into account for "substantial criminal record" pursuant to s 501(7)(c) Migration Act – whether mandatory considerations were taken into account by the Minister – appeal dismissed
Legislation: Crimes (Sentencing Procedure) Act 1999 (NSW) ss 5, 12 Migration Act 1958 (Cth) ss 501(3A)(a), (6)(a), (7), (8), (9), 501CA
Cases cited: Ali v Minister for Home Affairs [2018] FCA 1895 Brown v Minister for Immigration and Citizenship [2010] FCAFC 33; 183 FCR 113 Minister for Immigration and Border Protection v Eden [2016] FCAFC 28; 240 FCR 158 NABE v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 O'Brien v R [2013] NSWCCA 197 R v Nahlous [2013] NSWCCA 90; 228 A Crim R 503 R v Ryan [2006] NSWCCA 394 R v Zamagias [2002] NSWCCA 17 Taulahi v Minister for Immigration and Border Protection [2016] FCAFC 177; 246 FCR 146 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158; 238 FCR 588
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