Federal Court of Australia
Federal Court of Australia
Pearson v Minister for Home Affairs (No 2) [2023] FCAFC 4 File number: NSD 854 of 2022
Judgment of: ALLSOP CJ, RANGIAH AND SARAH C DERRINGTON JJ
Date of judgment: 24 January 2023
Catchwords: MIGRATION – application for review of decision of Administrative Appeals Tribunal to affirm decision of delegate of Minister for Home Affairs to mandatorily cancel visa on character grounds – where mandatory cancellation found to be invalid COSTS – where applicant enjoyed mixed success on grounds of appeal but where appeal ultimately successful – whether costs should be awarded
Legislation: Migration Act 1958 (Cth) ss 501(3A), 501(7)(c), 501CA(3)(b) Migration Regulations 1994 (Cth) reg 2.52(2)(b)
Cases cited: Pearson v Minister for Home Affairs [2022] FCAFC 203
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 4
Date of last submission: 19 January 2023
Date of hearing: 25 November 2022
Counsel for the Applicant: Mr P Knowles SC
Counsel for the First and Second Respondents: Mr C Lenehan SC, Ms N Wootton and Mr J Wherrett
Solicitor for the First and Second Respondents: Australian Government Solicitor
ORDERS NSD 854 of 2022
BETWEEN: KATE PEARSON Applicant
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