Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Burgess v Assistant Minister for Home Affairs [2019] FCAFC 152 Appeal from: Burgess v Assistant Minister for Home Affairs [2019] FCA 34
File number: SAD 32 of 2019
Judge: KERR, WHITE AND CHARLESWORTH JJ
Date of judgment: 30 August 2019
Catchwords: MIGRATION – visa cancelled under s 501(3) of the Migration Act 1958 (Cth) – rules of natural justice inapplicable – whether Assistant Minister proceeded on an incorrect understanding that he was bound not to accord natural justice – whether Assistant Minister misunderstood the effect of an alternate cancellation power – whether any such error affected the exercise of the power under s 501(3) – whether it was open to the Assistant Minister to be satisfied that cancellation of the visa was in the national interest – whether the national interest criterion can only be fulfilled in circumstances warranting an urgent decision
Legislation: Migration Act 1958 (Cth) ss 48B, 195A, 198AB, 417, 474, 476, 476A, 501, 501A, 501BA Judiciary Act 1903 (Cth) s 44
Cases cited: BCR16 v Minister for Immigration and Border Protection (2017) 248 FCR 456 Burgess v Assistant Minister for Home Affairs [2019] FCA 34 Burgess v Minister for Immigration and Border Protection (2018) 259 FCR 197 Byrne v Marles [2008] VSCA 78; 19 VR 612 Craig v South Australia [1995] HCA 58; 184 CLR 163 Graham v Minister for Immigration and Border Protection (2017) 263 CLR 1 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 359 ALR 1 Ibrahim v Minister for Home Affairs [2018] FCA 1592 Ibrahim v Minister for Home Affairs [2019] FCAFC 89 Ibrahim v Minister for Immigration and Border Protection (No 2) (2017) 256 FCR 50 Madafferi v Minister for Immigration and Multicultural Affairs (2002) 118 FCR 326 Maxwell v Minister for Immigration and Border Protection (2016) 249 FCR 275 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZSSJ (2016) 259 CLR 180 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Nguyen v Minister for Home Affairs [2019] FCAFC 128 Plaintiff S156/2013 v Minister for Immigration and Border Protection (2014) 254 CLR 28 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 Re Patterson; Ex parte Taylor (2001) 207 CLR 391
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