Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pallas v Minister for Home Affairs [2019] FCAFC 149 Appeal from: Pallas v Minister for Home Affairs [2019] FCA 523
File number: QUD 278 of 2019
Judges: GREENWOOD, LOGAN AND DERRINGTON JJ
Date of judgment: 27 August 2019
Catchwords: MIGRATION – mandatory cancellation of visa under Migration Act 1958 (Cth) s 501(3A) – where applicant has substantial criminal record – whether consideration given to parental relationship with minor children – decision not to revoke cancellation of visa – whether decision of Minister was unreasonable – whether absence of procedural fairness – whether absence of procedural fairness arising from refusal to grant adjournment so applicant could seek legal assistance
Legislation: Federal Court of Australia Act 1976 (Cth) Migration Act 1958 (Cth), s 501(3), s 501CA(4)(b) Federal Court Rules 2011 (Cth)
Cases cited: BZAHB v Minister for Immigration and Border Protection [2015] FCA 1205 Dietrich v The Queen (1992) 177 CLR 292 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 73 ALD 321 Minister for Immigration and Border Protection v SZVFW (2018) 357 ALR 408; 92 ALJR 713 New South Wales v Canellis (1994) 181 CLR 309 Nguyen v Minister for Immigration and Multicultural Affairs (2000) 101 FCR 20 SZVBT v Minister for Immigration and Border Protection (2017) 72 AAR 1 Viane v Minister for Immigration and Border Protection (2018) 162 ALD 13
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