Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Taualii v Minister for Home Affairs [2020] FCAFC 102 Appeal from: Taualii v Minister for Home Affairs [2019] FCA 2013
File number(s): VID 19 of 2020
Judge(s): DAVIES, O'CALLAGHAN AND O'BRYAN JJ
Date of judgment: 9 June 2020
Catchwords: MIGRATION – appeal from decision of single judge dismissing application for judicial review of Minister's decision not to exercise power under s 501CA(4) of the Migration Act 1958 (Cth) – whether primary judge erred in determining Minister's finding that appellant's rehabilitation "has not been tested in the community" was not attended by jurisdictional error – whether primary judge erred in determining Minister did not fail properly to consider hardship to appellant arising from reduced access to health services in Tonga
Legislation: Migration Act 1958 (Cth) ss 501(3A), 501(6)(a), 501CA(4), s 501CA(4)(b)(ii)
Cases cited: DPP (Vic) v Tangaloa [2014] VCC 36 Minister for Immigration and Border Protection v Sabharwal [2018] FCAFC 160 Pennie v Minister for Home Affairs [2019] FCA 489 Pennie v Minister for Home Affairs [2019] FCAFC 129
Date of hearing: 19 May 2020
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 69
Counsel for the Appellant: Dr A McBeth (pro bono)
Solicitor for the Appellant: Russell Kennedy Lawyers (pro bono)
Counsel for the Respondent: Ms CL Symons
Solicitor for the Respondent: Australian Government Solicitor
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