Federal Court of Australia
Federal Court of Australia
FUD18 v Minister for Home Affairs [2021] FCAFC 132 Appeal from: FUD18 v Minister for Home Affairs [2020] FCA 48; (2020) 168 ALD 474
File number: NSD 205 of 2020
Judgment of: wigney, lee and wheelahan jJ
Date of judgment: 30 July 2021
Catchwords: MIGRATION – appeal from orders of a single judge declining to make an order restraining the Minister from refusing to grant the appellant a visa on the basis of character grounds under s 501(6)(h) of the Migration Act 1958 (Cth) – Vietnamese national alleged to have deliberately acted against national regulations – Interpol red notice issued by the Vietnamese government in relation to appellant – where prohibition sought is pre-emptory in nature – consideration of the discretionary nature of constitutional writs – preferable that the administrative decision-making process run its natural course – relief sought refused in the exercise of discretion – appeal dismissed
Legislation: Constitution s 75 Migration Act 1958 (Cth) ss 65, 189, 476A, 501, 501E, 501F, 503A Migration Amendment (Character and General Visa Cancellation) Act 2014 (Cth) sch 1 Criminal Code of Vietnam art 165
Cases cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41; 2009) 239 CLR 27 FUD18 v Minister for Home Affairs [2020] FCA 48; (2020) 168 ALD 474 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v ERY19 [2021] FCAFC 133 Re Refugee Review Tribunal; Ex parte Aala [2000] HCA 57; (2000) 204 CLR 82 R v Commonwealth Court of Conciliation and Arbitration; Ex parte Ozone Theatres (Aust) Ltd (1949) 78 CLR 389 R v Federal Court of Australia; Ex parte Western Australia National Football League Inc (1979) 143 CLR 190 R v Ross-Jones; Ex parte Green (1984) 156 CLR 185 Director-General, Department of Trade and Investment, Regional Infrastructure and Services v Lewis [2012] NSWCA 436; (2012) 301 ALR 420 R v Stevedoring Industry Board; Ex parte Melbourne Stevedoring Co Pty Ltd (1953) 88 CLR 100 R v Ross-Jones; Ex parte Green (1984) 156 CLR 185 Plaintiff S297/2013 v Minister for Immigration and Border Protection (No 2) [2015] HCA 3; (2015) 255 CLR 231
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