Maere v Minister for Home Affairs [2019] FCAFC 121

FEDERAL COURT OF AUSTRALIA

Maere v Minister for Home Affairs [2019] FCAFC 121 Appeal from: Maere v Minister for Home Affairs [2018] FCA 1694

File number: VID 1528 of 2018

Judges: DAVIES, O'BRYAN AND SNADEN JJ

Date of judgment: 25 July 2019

Catchwords: MIGRATION – mandatory cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) ("the Act") – decision not to revoke cancellation under s 501CA(4) of the Act – whether primary judge erred in failing to find the Assistant Minister did not give adequate consideration to effect of deportation on appellant's children – whether primary judge erred in failing to find that Minister's finding of risk of appellant re-offending was unsupported by evidence or unreasonable – whether appellant denied procedural fairness before primary judge – appeal dismissed PRACTICE AND PROCEDURE – application for adjournment of appeal – where appellant had substantial medical issues – where insufficient evidence that conditions could preclude preparation for and participation in hearing – application refused

Legislation: Federal Court of Australia Act 1976 (Cth) Migration Act 1958 (Cth) Federal Court Rules 2011 (Cth)

Cases cited: ADF15 v Minister for Immigration and Border Protection [2018] FCA 1099 ASIC v Reid (No 1) (2006) 151 FCR 540 Carr v Finance Corporation of Australia Ltd [No 1] (1981) 147 CLR 246 Elliott v ASIC (2004) 10 VR 369 Foster v ACCC [2012] FCA 953 Fuller v Toms (2012) 247 FCR 440 Minister for Immigration and Border Protection v SZVFW (2018) 163 ALD 1 NSW v Canellis (1994) 181 CLR 309 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 Sandy v Queensland (2017) 254 FCR 107 Singh v Secretary, Department of Employment and Workplace Relations [2009] FCAFC 59 SZQFS v Minister for Immigration and Citizenship [2011] FCA 1244 Wyman v Queensland (2015) 235 FCR 464