Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Narayan v Minister for Home Affairs [2019] FCAFC 143 Appeal from: Narayan v Minister for Immigration and Border Protection [2019] FCA 321
File number: NSD 368 of 2019
Judges: FLICK, BROMWICH AND BURLEY JJ
Date of judgment: 23 August 2019
Catchwords: MIGRATION – appeal from a decision of the Federal Court – where mandatory visa cancellation made pursuant to s 501(3A) of the Migration Act 1958 (Cth) – where leave required to rely on ground not raised before the primary judge; leave refused; no jurisdictional error identified for the second ground – held: appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 476A, 501(3A), 501CA(4)
Cases cited: Minister for Immigration and Border Protection v BHA17 [2018] FCAFC 68; 362 ALR 9 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; 238 FCR 588
Date of hearing: 12 August 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 15
Counsel for the Appellant: The Appellant appeared in person
Counsel for the Respondent: Mr C Lenehan
Solicitor for the Respondent: MinterEllison
ORDERS NSD 368 of 2019
BETWEEN: ATISH NARAYAN Appellant
AND: MINISTER FOR HOME AFFAIRS Respondent
JUDGES: FLICK, BROMWICH AND BURLEY JJ DATE OF ORDER: 23 AUGUST 2019
THE COURT ORDERS THAT:
1. The appeal be dismissed with costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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